Workplace Investigations in the Entertainment Industry 101

 
woman being interviewed in a library
 

Investigations into employee misconduct are becoming more and more common in the entertainment industry. With the recent #MeToo movement, employers are under pressure to take allegations of sexual harassment and other forms of misconduct seriously. But there are some special considerations that need to be taken into account when conducting workplace investigations in this industry. In this blog post, we'll share some tips on how to conduct effective workplace investigations in the entertainment industry. Read on for our guide on conducting effective investigations in the entertainment industry - from laying the groundwork to responding effectively - so you can protect your organization's reputation while protecting those affected by harassment or other forms of abuse at work.

Workplace investigations in the entertainment industry are becoming more common due to the #MeToo movement.

The entertainment industry is no stranger to being disruptive, but the #MeToo movement has certainly taken it to a higher level. As more and more women in the industry come forward to speak up against workplace harassment, employers have had to take steps to ensure that such behaviors are dealt with swiftly and appropriately - not only as a best business practice but because it is typically required under state and federal law, as well. 

As a result, investigations into workplace misconduct are becoming increasingly commonplace across all areas of the entertainment industry--videos, television shows, stage performances--and companies are taking the necessary precautions to protect their employees. This is a positive step towards creating an equitable working atmosphere where people can feel safe and respected regardless of their gender or background. It's an encouraging sign that we may finally be shifting away from overreliance on historic power dynamics and into an era of equality for all.

Special considerations must be made when conducting these investigations, as the entertainment industry is unique in many ways.

In many industries, investigations can be fairly straightforward; however, the entertainment industry is a totally different animal. Investigations into cases involving celebrities and large production companies may involve high emotions from everyone involved due to the public nature of their business. It is important for investigators to consider any potential professional reputations at stake when conducting their investigation and to tailor their approach accordingly. 

Furthermore, investigators must remember that stories about people in the entertainment industry are often sensationalized and so should take pains to ensure transparency and accuracy in order for all parties involved to trust their decision-making process. Keeping these special considerations in mind when conducting investigations pertaining to the entertainment industry will help ensure fair justice and peace of mind for everyone involved.

Tips for conducting workplace investigations in the entertainment industry

Here are some more specific examples of how to implement tips for conducting workplace investigations in the entertainment industry:

  1. Understand the unique culture of the entertainment industry: For example, understand that many individuals in the entertainment industry may have a public persona different from their private persona.

  2. Be familiar with relevant laws and regulations: For example, be aware of laws and regulations that govern the use of non-disclosure agreements, and how they may apply to the investigation.

  3. Protect the privacy of the parties involved: For example, when conducting interviews, use a private location and maintain confidentiality to the extent possible to avoid leaks to the media.

  4. Be aware of power dynamics: For example, be aware of the power dynamics between actors, directors, and producers, and how that may affect the investigation.

And as with any workplace investigation, remember the following:

  1. Gather evidence from a variety of sources, if available: For example, your investigation may include evidence beyond interviews and documents such as evidence from social media, text messages, emails, and other electronic communications. 

  2. Document the investigation: For example, maintain detailed notes of the investigation and any evidence gathered, and ensure that all evidence is properly stored and preserved.

  3. Act swiftly and fairly: For example, ensure that complaints are investigated in a timely manner, while also ensuring that the investigation is fair and impartial.

  4. Communicate effectively: For example, communicate effectively with management, employees, and legal counsel to ensure that the investigation is conducted in a thorough and timely manner while maintaining your impartiality (as appropriate).

  5. Have a plan in place: Depending on your relationship with the entities involved in the investigation (such as an in-house investigator), you may consider devising a plan for how to handle any potential fallout from the investigation, such as media attention or legal action, and also for how to prevent similar situations in the future. 

Keep Calm & Seek Legal Advice If Necessary

Investigating any workplace situation takes skill, patience, and understanding. In some jurisdictions, it also requires certain licensing (like in states where workplace investigations can only be conducted by an in-house representative, a licensed private investigator, or an attorney licensed in that state). 

If you are ever faced with conducting a workplace investigation in the entertainment industry, there are essential elements you must keep in mind. Remaining unbiased throughout the investigation is key - remember to take a step back and assess the situation objectively. Keeping records of relevant materials as they arise is important; accurate documentation will provide crucial evidence when drawing conclusions. 

Gathering perspectives from all parties involved will help reach a balanced assessment too. When it comes to investigating an incident within the entertainment industry, remaining analytical while providing emotional support to those reporting incidents is paramount. A successful outcome requires taking these factors into account and having a clear plan of action if faced with an investigation.

Workplace investigations in the entertainment industry have become more common in recent years, but they are still unique in many ways. When conducting an investigation, it is important to be thorough and impartial. Remember to interview witnesses, review social media posts, and look for patterns of behavior. If you keep these things in mind, you will be well on your way to conducting a successful workplace investigation in the entertainment industry. 

Looking for advice on how to handle an employee complaint in the workplace or for a workplace investigator with a background in the entertainment industry? Wagner Legal offers workplace investigation services. Attorney Lindsey Wagner, AWI-CH, is an entertainment workplace investigator and a Certificate Holder in Workplace Investigations from the Association of Workplace Investigators (AWI). 

Contact us today to schedule a consultation to discuss our workplace investigation services. And don’t forget to subscribe to receive the Legal Cut, a newsletter built to keep you informed with the latest legal insights of the entertainment industry!

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