Ablin Law PC

05/29/2026

Does your organization know what workplace training the law actually requires from you in 2026?

There's no single federal mandate for harassment prevention training — instead, employers are navigating a growing patchwork of state and local laws that vary by employer size, industry, and where employees are located or work.

Currently, California, Connecticut, Delaware, Illinois, Maine, and New York have statutes requiring sexual harassment training, as do Chicago and New York City — but other federal, state, and local laws and court decisions signal that anti-harassment training should be provided to all employees in all states.

And the stakes for getting it wrong are real. From a risk perspective, the EEOC considers training essential for demonstrating reasonable care — employers without training programs struggle to defend harassment claims when they arise.

Training isn't just a legal checkbox. It's one of the most powerful tools an organization has to prevent discrimination, set expectations, and protect both employees and the business. If you're unsure whether your workplace training program meets current requirements — or if you don't have one at all — now is the time to act. Let's connect.

https://www.goethena.com/post/harassment-training-requirements-by-city-and-state/

Navigating sexual harassment training requirements in the United States can be complex. There's no single federal mandate, but a growing patchwork of

05/28/2026

One of the most overlooked risks in workplace investigations isn't what you find — it's who you choose to do the finding.

Selecting the wrong investigator can compromise the integrity of your entire process, create conflicts of interest that weren't apparent at the outset, and expose your company to significant legal liability if the matter ends up in litigation.

A few things to keep in mind:

Your investigator — whether internal or external — must be free from any real or perceived stake in the outcome. That means no supervisory relationship with anyone involved, no prior entanglements, and no dual roles that blur the line between investigator and advocate.

One of the most common mistakes I see? Companies hiring the same law firm that conducted the investigation to also handle subsequent litigation. It seems efficient. It isn't. Once that attorney becomes a potential witness in litigation, the conflict becomes unavoidable — and the consequences can be significant.

A clean, well-documented investigation process starts with the right investigator, clearly defined roles, and consistent boundaries throughout.

Read more about avoiding internal investigation pitfalls — and download my free Internal Investigation Closure Checklist — at the link below. 👇

https://ablinlaw.com/articles/2017/08/30/does-your-internal-investigation-present-a-conflict-of-interest/

Allegations of workplace misconduct can occur in any organization, in any industry. In investigating the merits of such allegations, companies need to be diligent about conducting full, fair and timely inquiries and interviews, and concluding matters as soon as is practical after reviewing the evide...

05/27/2026

A legally sound workplace investigation can still cause serious harm — and that harm can come back to hurt your organization. Here's what the most sophisticated employers are doing differently.

For decades, workplace investigations have followed an adversarial model focused almost entirely on proving guilt or innocence. But leading employment law practitioners are now recognizing a critical gap in that approach. Even a legally fair process can be traumatizing — some complainants report feeling interrogated, witnesses feel intimidated, and respondents feel ambushed — giving rise to a real risk that workplace investigations become a source of secondary harm.

A trauma-informed approach addresses this directly — and the benefits go far beyond compassion. Trauma-informed investigation processes not only seek to minimize harm to participants but also achieve more robust and fairer outcomes — by facilitating disclosure of wrongdoing, allowing investigators to gather more complete and reliable information, and leading to findings that are more defensible.

The business case is equally compelling. Organizations that build trauma-informed processes foster a culture where people are more willing to report issues early — allowing the organization to intervene before problems escalate into costly disputes, translating into higher employee engagement, reduced turnover, and lower rates of absenteeism.

This is an area where the quality of your investigator makes an enormous difference. An experienced employment attorney who understands both the legal standards and the human dynamics of investigation can protect your organization while treating every participant with the dignity they deserve.

https://www.nortonrosefulbright.com/en/knowledge/publications/41b787d8/rethinking-workplace-investigations-a-trauma-informed-approach-for-employers

05/26/2026

Whistleblower complaints don't just signal a problem inside your organization — they trigger a legal framework that can significantly increase your company's exposure if the investigation isn't handled correctly.

Under the False Claims Act and Dodd-Frank, employees who report suspected wrongdoing are protected from retaliation, harassment, and adverse employment actions. And those protections apply whether the report is made internally or to a government agency. That means how your HR team or leadership responds from day one matters — a lot.

Here are a few things companies often get wrong:

Choosing the wrong investigator. An internal investigator with ties to leadership or the employees involved creates the appearance of bias — and can fuel retaliation claims even when none was intended.

Failing to document. Every interview, every decision, every step of the process should be documented. If a whistleblower later claims retaliation, your documentation is your defense.

Using agreements to silence reporters. Asking employees to waive their whistleblower rights through employment, severance, or confidentiality agreements isn't just bad practice — it's illegal.

A well-documented, repeatable investigation process is your organization's best protection. If your company doesn't have one, now is the time to build it.

Every internal investigation into allegations of misconduct or wrongdoing should be handled carefully. However, when someone within your organization blows the proverbial whistle to report allegations of wrongdoing, it is imperative to handle the investigation with even more care and diligence. That...

05/25/2026

Today, we pause to remember and honor the men and women who gave their lives in service to our country.

As employment law professionals, we work every day to uphold the rights and dignity of people in the workplace. That commitment — to fairness, to justice, to the belief that every person deserves to be treated with respect — is a value worth reflecting on today, especially in light of the profound sacrifices that have made those freedoms possible.

To all who have lost a loved one in military service — thank you. Your sacrifice is not forgotten.

Wishing everyone a meaningful Memorial Day.

05/22/2026

The investigation is over. You've interviewed everyone, reviewed the evidence, and reached your conclusions. Now comes the part that will actually determine whether your organization is protected — writing the report.

A workplace investigation report is the document that can make or break your organization's legal defense. And most employers underestimate how much the quality of that report matters.

The findings section is the most critical and challenging part of the entire report — because here the investigator transitions from reporter to analyst, weighing evidence, assessing credibility, and reaching a conclusion for each allegation based on the preponderance-of-the-evidence standard.

Neutrality in language is non-negotiable. The findings section must be presented objectively and without personal opinion — clearly attributing every piece of information to its source. For example: "According to Witness A, the meeting ended at approximately 3:00 p.m. According to Witness B, the meeting ended closer to 3:30 p.m."

And conclusions must be specific. Each allegation must be addressed separately with its own finding — clearly stating whether it is substantiated, unsubstantiated, or inconclusive — and the rationale must be explicit enough to withstand legal scrutiny.

Here's why this matters so much: a poorly written investigation report — even one where the right conclusion was reached — can undermine your entire defense in litigation. Vague language, missing attributions, and unsupported findings hand opposing counsel exactly what they need.

This is one of the most important reasons organizations bring in outside counsel to conduct or review workplace investigations. An experienced employment attorney doesn't just know how to investigate — they know how to document.

https://hrcertification.com/blog/workplace-investigation-report-guide-biid1000337

Learn how to write a clear, objective, and defensible workplace investigation report with our step-by-step guide for HR professionals.

05/21/2026

When an employee comes forward with an allegation of sexual harassment or misconduct, how your organization responds in those first critical moments matters — legally and culturally.

Too many companies unknowingly put themselves at risk by mishandling complaints: dismissing allegations without investigation, honoring a victim's request for inaction, bypassing HR, or rushing to close the matter before the facts are fully developed.

In this blog post, I walk through four common pitfalls that can expose your organization to increased liability—and what to do instead.

The bottom line: every complaint deserves the same thorough, consistent, and documented process — regardless of how serious it appears on the surface or what the reporting employee asks you to do.

If your complaint-handling policies haven't been reviewed recently, now is a good time. I'd be happy to connect with HR professionals and business leaders who want to make sure their procedures are sound.

https://ablinlaw.com/articles/2017/11/16/failing-to-respond-to-employee-complaints/

05/20/2026

An employee resigns. You breathe a sigh of relief. But what if that resignation is legally treated the same as a wrongful termination?

That's exactly what constructive discharge is — and it's one of the most misunderstood concepts in employment law.

Constructive discharge occurs when an employer creates an intolerable work environment that forces an employee to resign. It is recognized in most states and treated as a form of wrongful termination — meaning the employer can face the same legal liability as if they had fired the employee outright.

What conditions typically cross the legal line? Courts have recognized constructive discharge claims involving severe or pervasive harassment, retaliation for reporting unlawful conduct, pressure following a request for protected leave, and campaigns of mistreatment designed to push an employee out rather than simply terminate them.

Here's what makes this especially risky for employers: courts and juries closely examine whether the employer was aware of the hostile conditions, whether the employee reported the mistreatment, and whether the employer had a meaningful opportunity to correct the problem but failed to act.

The practical takeaway is critical. An employee who quits after months of unreported harassment may have a weaker claim — but an employee who complained to HR, received no response, and then resigned has the building blocks of a very strong one. Courts focus heavily on whether the employer duly acknowledged or investigated the employee's complaints and whether the pattern of conduct was sustained and egregious over time.

Strong anti-harassment policies, a functioning internal complaint process, and prompt investigations aren't just good HR practice — they are your legal shield against constructive discharge liability. Let's connect if your organization needs help building or reviewing any of these.

https://www.upcounsel.com/constructive-discharge

05/19/2026

Workplace harassment doesn't thrive in a vacuum — it thrives where leadership looks the other way.

The era pulled back the curtain on something employment law practitioners have long known: a culture of misconduct rarely starts at the bottom. It starts at the top, and it continues because accountability stops short of the people who need it most.

Recent data tells a sobering story — in 2025, 55% of employees reported experiencing or witnessing misconduct, a near seven-year high. After years of progress following structural investments in training and policy, the numbers spiked again. The lesson? Strong policies alone aren't enough. Lasting change depends on employees feeling safe to raise concerns and seeing those concerns investigated and resolved with real accountability.

That's the core message in this piece, and it's one I return to constantly in my own practice: policies posted on the wall mean nothing if leadership doesn't live them.

Here's what I tell employers who want to get ahead of this:

✅ Build a reporting system employees actually trust — and use it
✅ Train managers to recognize and respond, not just comply on paper
✅ Hold supervisors accountable when they mishandle complaints
✅ Investigate every allegation consistently, regardless of title or tenure

Culture change is slow work. But it starts with leadership deciding that no one is too valuable to be held accountable.

https://ablinlaw.com/articles/2017/12/13/committing-to-a-positive-company-culture-can-help-limit-workplace-misconduct/