How to Comply with Overseas Employment and Data Protection Laws When Investigating Cross-Border Allegations of Bribery, Harassment, or Other Workplace Wrongdoing

When an American employee falls under suspicion of some type of on-job wrongdoing—be it bribery, sabotage, accounting fraud, sexual harassment, antitrust collusion or some other wrongful act—conscientious and compliant US multinationals have a good idea how to respond. By now, after so many highly-publicized corporate scandals, strategies for conducting a domestic-US internal investigation are becoming increasingly similar, although “best practices” differ depending on the context.

In conducting an internal investigation overseas, a US multinational may feel tempted to pull out its domestic-US kit of state-of-the art investigation tools and strategies. But employment and data protection laws differ widely outside the US, which means American investigation strategies need significant retooling before export. After all, no multinational investigating illegality abroad can afford to be accused, itself, of illegality in how it conducts its investigation.

This program will work through a 30-point checklist for adapting common US-style internal investigation strategies to workplaces outside the US.

We will address the four stages of an internal investigation conducted outside the US:

(I) launching an international investigation framework
(II) initial response to an allegation/suspicion
(III) interviewing witnesses 
(IV) communications, discipline and remedial measures

Because laws in every country differ, as do the details of every internal investigation, our discussion will be an issue-spotting overview of the data and employment law issues likely to arise when a US multinational conducts a US-style investigation internationally.

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