More than good faith

Nora Akins

Until recently, misconduct investigations used the good faith standard. Before the Vasquez case, employers were required to act in good faith before taking adverse action against an employee.

The Andrea Vasquez v. Empress Ambulance Services, Inc. case raised the standard for employment investigations. This 2nd U.S. Circuit Court ruling expands the Supreme Court decision in the Vincent E. Staub v. Proctor Hospital. The Staub case revitalized the “Cat’s Paw” fable. In Aesop’s fable, a clever monkey, not acting in good faith, convinced the cat to pull roasting chestnuts from the fire. The monkey ate all the chestnuts while the cat had nothing but burnt paws.

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