Dorsey attorney Kevin Finnerty considers in the Minnesota State Bar Association newsletter Hearsay to what extent an employer may reasonably rely on the findings of an investigation into allegations of workplace misconduct. Finnerty suggests an employer may rely on an investigatory report when making a decision to terminate or discipline an employee as long as the employer reasonably believes the report to be accurate. Without proof that the employer (1) did not actually rely on the report, or (2) knew the report was false, an employee will be unable to demonstrate pretext even with evidence of the falsity or inaccuracy of the report itself.
Finnerty accordingly counsels employers to take all complaints in the workplace seriously, to investigate the allegations fairly either internally or by engaging an outside source, and to make a reasonable employment decision on the basis of the investigative report conducted in good faith.
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"Employers May Reasonably Rely on Investigative Reports was published by the MSBA New Lawyer Section newsletter Hearsay, Summer 2007. Republished with permission.