Workplace Investigations
Mark has extensive first-hand experience in workplace investigations.
Mark McCarty started his legal career in 1979 working for the National Labor Relations Board. From 1979-1982, Mark’s job was reviewing field investigations into unfair labor practice charges across the nation where no complaint had been issued to ensure that that a full, fair and complete investigation had been conducted and a correct decision had been rendered.
From 1987-1988, Mark conducted field workplace investigations into all varieties of unfair labor practices charges that came into the Baltimore office. Also, from 2014-2016, Mark worked for the St. Louis Civil Rights Enforcement Agency where a major part of his responsibilities was to investigate charges of violations of the City’s employment and housing codes.
In addition, as a private attorney in Washington representing law enforcement unions and police officers, deputies, and correction officers, Mark was routinely involved in disciplinary matters requiring him to review internal investigations for fullness and fairness to determine the chances of success in challenging the discipline. Often times, Mark did his own investigation filling in holes in the department’s investigation. As the employment legal advisor for Chief Kerlikowske with the Seattle Police Department, one of Mark’s major responsibilities was to review every internal investigation file of each case where a single reviewing commander found the case to have merit. Many of those cases were returned for additional investigation to fill in necessary gaps in the original investigation.
Finally, in his work with Seattle Public Schools from 2016-2022, Mark routinely conducted investigations of more serious alleged workplace violations in the school system and reviewed investigations conducted by others involving any classified staff. Mark often served as the School District’s witness when such investigations were challenged by a union or the disciplined staff member.
As a result of his extensive history with workplace investigations in Washington, Mark is well aware of the contractual rights typically in place in an organized workforce and has extensive experience with the constitutional due process rights of public employees.