Which frameworks should an LRA investigator reference when evaluating workplace misconduct claims?

• A. Company policies and internal memos only.
• B. Applicable labor laws, anti-retaliation statutes, union rights (Weingarten), company policies, and privacy/records laws.
• C. Industry best practices only.
• D. No external legal frameworks are needed.

Answer: (B)

When evaluating workplace misconduct claims, the investigator must anchor the process in legal obligations, union rights where applicable, and internal policy. Referencing applicable labor laws ensures employer and employee rights align with statutory protections, while anti-retaliation statutes guard against retaliation against those who raise concerns. If the workforce includes unionized employees, Weingarten rights matter, granting a union steward a role in interviews that could lead to discipline. Company policies provide the defined procedures, definitions of misconduct, and disciplinary steps that guide the investigation. Privacy and records laws govern how information is collected, who may access it, confidentiality expectations, and how long records are kept. Together, these elements create a legally sound, fair, and privacy-respecting investigation framework. Relying only on internal memos ignores legal requirements, while focusing solely on industry best practices or excluding external frameworks risks gaps in protections and compliance.