How to Identify Witnesses, Write the Investigative Report, Handle Terminations, and More
How should you address privacy issues that pop up in a workplace investigation? Do you know how to handle difficult interviewees? What is the best way to communicate investigative findings with the complainants and the accused? In this program, our seasoned faculty explore best practices for conducting workplace investigations. Avoid costly mistakes - register today!
- Uncover practical guidance for dealing with internal formal complaints.
- Analyze best practices for maintaining privilege and work-product protection.
- Develop new strategies for documenting internal investigations.
- Avoid legal hazards when terminating employees.
- Discover tips for mitigating litigation risks.
All times are shown in Eastern time
- Guidelines for Handling Internal Formal Complaints
10:00 - 11:00, Steven E. Clark
- Key Laws to Know
- Employee Rights and Obligations
- Filing of the Complaint
- Timing of the Investigation: Why It Matters
- Following the Internal Formal Complaint Process and Procedures (With Sample Checklist)
- Primer on Preserving Privilege and the Work-Product Doctrine During the Investigation
11:00 - 12:00, Steven E. Clark
- The Role of the Attorney in the Investigation
- Legal Advice vs. Business Advice
- Scope of the Investigation
- Who Can (and Needs to) Know About the Investigation
- Third-Party Consultants: Functional Equivalents of Employees?
- Handling Document Retention and Privacy Issues
- Navigating International Issues: Attorney-Client Privilege in Other Countries, Language Barriers, etc.
- Strategies for Conducting and Documenting the Investigation
12:15 - 1:15, John F. Kuenstler
- Top Planning Considerations: Preparing Questions, Choosing an Interview Space, etc.
- Reducing Claims of Bias or Unfairness
- Identifying Witnesses and Conducting Interviews
- Dealing With Difficult Interviewees: Practical Techniques for Gaining Cooperation
- Collecting, Organizing, and Preserving Evidence
- Writing the Investigative Report: Dos and Don'ts (With Examples)
- Communicating the Investigative Findings With the Accused and the Complainants
1:45 - 2:15, J. Gregory Grisham
- Disciplinary Actions and Terminations: Avoiding Legal Landmines
2:15 - 2:45, J. Gregory Grisham
- Examining the Investigation Results and Mitigating Litigation Risks
3:00 - 4:00, J. Gregory Grisham
- Potential Risks
- Hostile Work Environment Claims
- Wrongful Discharge
- Constructive Discharge
- Discrimination Claims
- Potential for Employment-Related Class Action Suits
- How Plaintiff Attorneys Spot Investigation Cracks - And Make Them Bigger
- Tips for Minimizing Litigation Risks
- Ethical Dilemmas
4:00 - 5:00, John F. Kuenstler
- Professional Conduct
- Representational Issues
- Conflicts of Interest
- Attorneys' Fees
This program is designed for attorneys. HR professionals, accountants, and paralegals may also benefit.