Corporate internal investigations can target employees more aggressively than government investigations. A targeted employee may have no legal recourse against defamation or wrongful targeting. Companies have absolute judicial privilege for statements made during internal investigations, meaning employees can't sue for defamation. An employee sued their former company for wrongful termination and defamation after being fired following allegations in the company's internal investigation report to the Department of Justice. The company claimed absolute privilege for the report's statements, and the court agreed, finding in the company's favor. Employees should consider consulting a lawyer regarding internal corporate investigations due to lack of legal protections and risk of termination or defamation.

2. Corporate
Internal
Investigations

3. Corporate
Internal
Investigations
Should you be
worried?

4. Corporate
Internal
Investigations
Should you be
worried?
Do you need
an attorney?

5. Corporate
Internal
Investigations
Should you be
worried?
Do you need
an attorney?
QUITE
POSSIBLY

6. Corporate
Internal
Investigations

7. Corporate
Internal
Investigations
May be more powerful
in targeting an
employee than a
federal investigation.

8. Corporate
Internal
Investigations
May be more powerful
in targeting an
employee than a
federal investigation.
A targeted employee may
have no legal recourse for
slander, defamation or
consequence of being
wrongfully targeted.

9. Corporate
Internal
Investigations
May be more powerful
in targeting an
employee than a
federal investigation.
A targeted employee may
have no legal recourse for
slander, defamation or
consequence of being
wrongfully targeted.
The corporation has an
absolute judicial privilege
in the majority of United
States jurisdictions which
hold that a company
enjoys an absolute
privilege when providing
the Department of Justice.

10. The corporation, through their
internal investigation, may be
seeking cooperation in
their sentencing for
the corporation

11. A corporation must find a wrongdoer
and identify them in the
investigation.

12. A company’s internal
investigations must
identify and deliver
evidence against individual
wrongdoers.

13. Corporations that deliver to the DOJ a
diligent internal investigation will benefit by
COOPERATION

14. The Texas State Supreme Court held that the internal investigation
report that Shell Oil submitted to DOJ contained allegations of
misconduct by an employee the DOJ had identified as a person of
interest during the investigation.
The employee sued Shell for
wrongful termination and
defamation.
Shell responded the report’s findings were entitled to an
absolute privilege against allegations of defamation.

15. SHELL
WON

16. Internal
Corporate
Investigations

17. Corporation conducting the internal
investigation had absolute privilege
against defamation over statements
included in an investigatory report made
prior to “preliminary to a proposed
judicial proceeding.”
Internal
Corporate
Investigations

18. Corporations have an
absolute privilege
against defamation in
investigations.
Internal
Corporate
Investigations
Do you need an attorney
for an
Internal corporate
investigation?

19. CORPORATION:
DEFAMED EMPLOYEE
FIRED EMPLOYEE
HAD ABSOLUTE PRIVILEGE
Internal
Corporate
Investigations
Do you need an
attorney for an
Internal corporate
investigation?
You
Decide.

20. Anything you say regarding an internal
investigation may ultimately find its way
into the corporate investigation and report.
Water cooler speculation, coffee chit-chat,
luncheon gossip can all be included in the
report.

21. Often times the best comment is:
“NO COMMENT”

22. Consolidated
Worldwide
Media
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