Internal Investigations & Employee Concerns

Internal Investigations

Paul’s clients frequently retain him to conduct privileged and non-privileged internal investigations and due diligence reviews of complex, challenging or otherwise significant allegations and concerns raised by employees, managers, contractors and other site personnel. A thorough and timely internal investigation gives the client the essential facts needed to take corrective or personnel actions, communicate with the government, media and public, comply with reporting requirements, and minimize exposure to potential civil and regulatory violations and penalties.

 

Paul works with clients to ensure that the internal investigation structure and plan best addresses the situation at hand. This includes honing the investigation purpose, scope, schedule and methodology, and determining whether the investigation should be conducted under the protection of legal privileges. Paul is able to conduct internal non-privileged investigations, while maintaining the ability to provide privileged advice and counsel regarding the investigation, ancillary issues, regulatory and legal risks, and other related matters. 

 

In most cases, the scope of the investigation best lends itself to Paul conducting the investigation alone. When the situation warrants, however, he readily teams with internal investigatory resources, such as employee concerns program (ECP) investigators, root cause personnel, technical subject matter experts or in-house legal staff.

 

Paul conducts internal investigations covering a wide range of issues and concerns, though many relate to the following areas:

• claims of discrimination, harassment, and hostile work environment in retaliation for engaging in conduct protected by the U.S. Nuclear Regulatory Commission (NRC), the U.S. Department of Energy (DOE), the Energy Reorganization Act (ERA) and other federal whistleblower protection laws; 

• allegations or indications of chilling effect and chilled work environment; 

• allegations of willful violation of legal, regulatory, procedural or technical requirements, falsification of records and false statements; and  

• concerns involving the implementation of security, insider mitigation, fitness-for-duty, and access authorization regulatory and procedural requirements.

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Employee Concerns Resolution Programs

Paul has extensive experience with the employee concerns resolution processes used by highly regulated safety significant businesses. These processes provide employees the ability to obtain an impartial review of concerns impacting significant areas such as safety, legal and regulatory compliance. Paul conducts ECP assessments and uses assessment results, industry best practices and his own experience to help clients improve ECP program management, procedures, practices, staffing, location, accessibility and promotion. Paul also shares his experience and expertise through training for concerns program personnel and managers, which he tailors to the needs of his clients. One such program is a concerns investigator training, which Paul developed and has provided to numerous clients concerns program personnel. 

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Paul is a member of the Board of Directors of the National Association of Employee Concerns Professionals (NAECP) and is a frequent presenter at biannual NAECP conferences and training programs. Through his engagement with the NAECP and employee concerns programs across the country, Paul keeps abreast of industry best practices. Indeed, he has been involved in the development of many of the current best practices. Paul also co-teaches a separate multi-day investigator training program through the auspices of the NAECP.