Employer and EmployeeInvestigations of Employees

Section § 2930

Explanation

This law requires employers who use reports from shopping investigators to discipline or fire employees to provide the employee with a copy of the report before taking action. If an interview might lead to firing for dishonesty, the report must be given to the employee during the interview. However, this requirement doesn't apply if the investigator works only for the employer in question and is part of the employer's regular staff doing the investigation.

A shopping investigator is someone who checks how sales and service staff perform by simulating customer experiences in stores, reviewing policies, and reporting any issues found. They perform tasks like buying items or ordering food to see how employees handle transactions and write detailed reports for each site they assess.

(a)CA Labor Code § 2930(a) Any employer who disciplines or discharges an employee on the basis of a shopping investigator’s report of the employee’s conduct, performance, or honesty performed by a person licensed pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code shall provide the employee with a copy of the investigation report prior to discharging or disciplining the employee. Where an interview occurs which might result in the termination of an employee for dishonesty, the employee shall be handed a copy of the latest investigation report on which the interview was based during the course of the interview prior to its conclusion. This section shall not be applicable if the licensee conducting the investigation is employed exclusively and regularly by one employer in connection with the affairs of only that employer and where there exists an employer-employee relationship and the entire investigation is conducted solely for such employer by such licensee.
(b)CA Labor Code § 2930(b) For purposes of this section, a “shopping investigator” is a person who: shops in commercial, retail, and service establishments to test integrity of sales, warehouse, stockroom, and service personnel, and evaluates sales techniques and services rendered customers; reviews an establishment’s policies and standards to ascertain employee performance requirements; buys merchandise, orders food, or utilizes services to evaluate sales technique and courtesy of employees, carries merchandise to check stand or sales counter and observes employees during sales transaction to detect irregularities in listing or calling prices, itemizing merchandise, or handling cash; or delivers purchases to an agency conducting shopping investigation service; and, following any one or more of the above activities, writes a report of investigations for each establishment visited.
employee discipline shopping investigator investigation report ...