Disciplinary and Harassment Investigations

Case Study Jameson v. Pacific Gas and Electric Company 38

Pacific Gas and Electric Company terminated Steve Jameson after an investigation by the company concluded that Jameson had retaliated against another employee for raising a safety issue about Jameson. Jameson argued his termination was improper because the investigation was procedurally flawed and the investigator reached incorrect conclusions. The California Court of Appeal held that the standard of review is not whether the investigation could have been done differently, more comprehensive, or whether the investigator’s conclusions were correct. The courts will not compel employers to undertake a precise type of investigation; instead the investigation must be “inherently fair.” Applying this standard, the Court found the employer could not be held liable for wrongful termination because there was no evidence the investigation was not inherently fair or that the employer’s reliance on the investigation report was unreasonable or in bad faith. In reaching this decision, the Court cited the California Supreme Court decision in Cotran v. Rollins Hudig Hall Intern. Inc . 39 which held that fairness in the investigation process “contemplates listening to both sides and providing employees a fair opportunity to present their position and to correct or contradict relevant statements prejudicial to their case, without the procedural formalities of a trial.” Jameson and Cotran stand for the principle that courts will not second-guess whether an employer’s investigation could have been more thorough or effective, as long as the investigative process is inherently fair. If this criterion is met, an employer’s investigative efforts may serve a basis for defending against an employee’s wrongful termination claim. LCW’s attorneys can advise and guide your agency through the multiple steps of the investigation process, from selection of an investigator to notice of the completion and outcome of the investigation and any actions to be taken after completion of an investigation report.

Important Consult with legal counsel before deciding whether to turn over or turning over the written report or any other materials gathered during the investigation. The investigator can be a supervisor, a human resource or personnel employee, an outside consultant, private investigator, or an in-house or contract attorney. It is important that one individual be in charge of the investigation without interference from others in the organization.

To fulfill his/her responsibility for acting promptly and fairly, the investigator must be provided the necessary resources, training and access to documents, information, and witnesses.

Disciplinary and Harassment Investigations ©2020 (s) Liebert Cassidy Whitmore 16