National Seminars Group
National Seminars Group presents
 

How to Legally Handle Workplace Investigations On-Site Training

This on-site training class is also available as Public Schedule Seminar.

A special one-day event for HR professionals who want to safely investigate employee problems and complaints without putting their company at legal risk

Course Description/Agenda


Your defense against litigation is only as strong as your investigation.

That's an incredible amount of pressure on HR. You just never know when someone's going to walk through your door and bring up an issue that carries serious legal and financial risks for your company. If you're not ready to respond quickly and effectively, you could wind up on the losing end of a lawsuit.

Confidently Handle Problems & Complaints

If you're like most HR professionals, you're keenly aware that every action you take (or don't take) in an investigation could be judged in court. It's absolutely essential to act quickly. It's just as essential to act in complete compliance with today's employment laws.

But what's the best way to respond to an employee who claims harassment or discrimination? What should you do when a manager suspects drug use or theft or worries an employee may turn violent? And why are so many employees winning retaliation claims lately? Now you can find out how to handle these types of legally volatile situations with new confidence and skill.

Conduct Court-Ready Investigations

This is a unique opportunity to learn your rights as well as your legal obligations to employees in the course of an investigation. During this highly informative, skill-building workshop, you'll learn how to safely investigate complaints ... gather and evaluate evidence ... draw conclusions ... and follow up with employees. So you can safeguard your workers and avoid the legal land mines that could put your company at risk. Take the first step toward building a strong first line of legal defense for your company and enroll today.

Agenda:

Workplace Investigations in a Diverse Legal Landscape: Your Rights and Obligations
  • Understanding what triggers an investigation and what doesn't
  • How to eliminate bias in your investigation
  • Avoiding common legal mistakes such as:
    • Invasion of privacy
    • Defamation
    • False imprisonment
    • Intentional infliction of emotional distress/outrage
  • Preplanning for sexual harassment and discrimination complaints

Setting the Stage for a Successful Investigation

  • Policies you should consider before starting
    • Privacy in the workplace
    • Email/blogging policy
    • Dress codes
    • Equal employment opportunity policy
    • Sexual harassment
  • Choosing your investigator: your attorney, a third party, an agency, or the law? Find out here!
  • Identifying the information you'll need to conduct a legally sound investigation
  • Who should be interviewed
  • What documents should be looked at
  • What records you should create and keep
  • Know what to do with physical and documentary evidence and who should have access to it
  • Find out when you should use surveillance methods and how to avoid breaching employee privacy

Conducting Internal Investigations: Your Plan in Action

  • Preparing for and conducting interviews
  • Contacting witnesses
  • Scheduling the interview with witnesses, the victim, and the accused
    • Where you should and shouldn't conduct interviews
  • The interviewing process: key considerations
    • What to ask
    • What not to say
    • Recording interviews: dos and don'ts
  • Protecting confidentiality
  • Handling refusals to be interviewed
  • Dealing with hearsay
  • Methods for recording witness statements
  • Post-interview wrap-up
  • Photographs, diagrams, documents, records, sketches, and other items
  • Documentation: before the investigation and during

Post-Investigation: Reporting Your Findings and Making Recommendations

  • Find out what the courts and juries look for in reporting
  • Evaluating your options: know exactly what you should and shouldn't include in your report
  • Stick to the facts: how to avoid making defamatory statements in your report
  • Determining what disciplinary action you should take
  • How to wrap up your investigation when your findings are inconclusive
  • Tips for delivering your findings to management to achieve understanding and buy-in
  • Legal tips on discussing the investigation with coworkers
  • Dealing with rumors, questions, and employee reactions to investigations

Damage Control: Preventing Employee Retaliation and Misconduct

  • How managers should respond to inappropriate behavior with or without a filed complaint
  • Behavior issues you should address immediately before things get out of hand
  • When to follow up with a complaint
  • Minimize the likelihood of retaliation with these communication tips

 

More Seminar Information

National Seminars Group
National Seminars Group

Delivery Method

On-Site Training On-Site Training

Also Available As

Seminar Seminar

 
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