Employee Discipline for Anti-Corruption Issues: Investigation and Documentation to Smooth the Discipline Process (Part Two of Three)

Before a company can discipline an employee for corruption or bribery, it first has to determine whether, and to what extent, discipline is warranted. Investigation is a familiar part of anti-corruption remediation, but special attention must be paid to gather evidence in a way that it can support a discipline action later. In this second article in The Anti-Corruption Report’s three-part series on employee discipline, we discuss techniques for forward-thinking evidence-gathering, including the thorny issue of protecting privilege while building a record. The first article in the series addressed the value of setting expectations for discipline in advance and how to apply discipline consistently in the face of inconsistent local employment laws. The final article will discuss how to promote institutional due process. See “Employee Discipline and Internal Investigations After the Yates Memo” (Nov. 9, 2016).

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