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When the boss gets involved, the investigation is already in trouble.

By Jonathan Hyman on July 9, 2026
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Last week, The New York Times published a deeply reported investigation alleging that Donald Trump personally intervened with FIFA President Gianni Infantino to have U.S. striker Folarin “Flo” Balogon’s red card suspended so he could play in the United States’ World Cup Round of 16 match against Belgium.

Whether you’re a soccer fan or not almost doesn’t matter.

The allegation is what matters.

The President of the United States allegedly used the weight of his office to influence what should have been an independent disciplinary decision. And according to the report, it worked.

That’s not just a sports story. It’s also a workplace investigation story.

One of the quickest ways to undermine an internal investigation is for someone with power to signal what outcome they want before the facts have been gathered.

It doesn’t have to be as dramatic as a president calling the head of FIFA.

It can be the CEO who tells HR, “I know she’s lying.”

Or the founder who says, “He’s too valuable to lose.”

Or the executive who reminds everyone that the accused employee “has always been loyal to this company.”

Once that happens, the investigation isn’t really about finding the truth anymore. It’s about justifying a preferred outcome.

Employees notice.

Witnesses notice.

And if the matter ends up in litigation, juries notice too.

I’ve defended countless employment cases over the years. One theme appears over and over again: plaintiffs don’t just attack the employer’s decision. They also attack the integrity of the process that produced it.

They ask who made the decision.

Who influenced the decision.

Whether HR was actually independent.

Whether investigators interviewed the right witnesses.

Whether evidence that favored the employee was ignored.

Whether similarly situated employees were treated differently because someone important wanted a particular result.

Those questions matter because courts and juries understand something every workplace leader should understand: A fair process is often just as important as the ultimate decision.

When investigations appear predetermined, employers create problems that extend far beyond the individual case.

They lose credibility with employees.

They discourage people from reporting misconduct because they believe the outcome is already decided.

Managers stop trusting HR.

And in litigation, what might have been a defensible termination suddenly looks like retaliation, discrimination, favoritism, or pretext.

The legal issue often isn’t that someone with authority participated in the decision. Senior leaders are supposed to make important decisions.

The problem is when that authority becomes improper influence.

HR and investigators need enough independence to follow the evidence wherever it leads—even if the facts point in an uncomfortable direction or involve a high-performing executive, a rainmaker, or someone the CEO likes.

Good investigations don’t ask, “What outcome does leadership want?” They ask, “What actually happened?”

That’s the only question that protects the integrity of the process.

If The New York Times’ reporting is accurate, FIFA didn’t just overturn a red card. It told the world that the right phone call can change the rules.
That’s a terrible message for a sport. It’s an even worse message for a workplace.
Because once employees believe investigations are decided by influence instead of evidence, credibility disappears. And once credibility disappears, lawsuits usually aren’t far behind.

     

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Photo of Jonathan Hyman Jonathan Hyman
Jon Hyman is a trusted advisor to small and mid-sized businesses across various industries, helping them solve workforce challenges and defend against legal disputes.
He is a shareholder at Wickens Herzer Panza in Avon, Ohio, where he chairs the firm’s Employment and Labor
…
Jon Hyman is a trusted advisor to small and mid-sized businesses across various industries, helping them solve workforce challenges and defend against legal disputes.
He is a shareholder at Wickens Herzer Panza in Avon, Ohio, where he chairs the firm’s Employment and Labor practice group and its Craft Beer practice group, and serves on the firm’s Board of Directors. Jon works closely with clients on all aspects of labor and employment law, providing proactive solutions to prevent issues and a strong defense in litigation when conflicts arise.
As outside in-house counsel, Jon is the go-to advisor businesses call when they need help with employee terminations, drafting policies, handling leave or accommodations, or navigating tricky internal complaints. He also brings deep expertise in areas like wage and hour compliance, workplace technology issues, and union avoidance. Jon builds lasting partnerships with his clients, understanding their unique challenges and helping them achieve long-term compliance and success
When it comes to litigation, Jon stands up for businesses in disputes over discrimination, harassment, wrongful discharge, non-competes, trade secrets, wage and hour issues, and union matters. Jon works with his clients to craft targeted defense strategies that protect their interests and aim for resolutions that support their broader business goals.
Jon also leads the firm’s Craft Beer practice, where he helps breweries, brewpubs, taprooms, and other craft beer businesses tackle their unique legal and regulatory needs.
Jon writes the award-winning Ohio Employer Law Blog, which the ABA Blawg Hall of Fame recognized for its daily insights on labor and employment law. His updates help his clients, HR professionals, and other business leaders stay ahead of labor and employment law changes that impact their daily operations.
Read more about Jonathan HymanEmailJonathan's Linkedin Profile
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  • Posted in:
    Employment & Labor
  • Blog:
    Ohio Employer Law Blog
  • Organization:
    Wickens Herzer Panza
  • Article: View Original Source

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