How to Conduct Workplace Investigations: Managing Complaints of Employee Misconduct
Pre-Investigation Considerations, Witness Selection, Interview Preparation, Confidentiality and Privilege
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Beginner
- work Practice Area
Employment and Workers Comp
- event Date
Thursday, March 13, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will guide new employment attorneys through the process of conducting workplace investigations into alleged employee misconduct including harassment and discrimination. The panel will address pre-investigation considerations, offer best practices for conducting interviews and making client recommendations, and discuss confidentiality and privilege issues.
Mr. Rhodes advises companies and executives, representing them in the structuring, drafting and defending of their corporate transactions and employment practices to help accomplish their business goals. His practice focuses on employment disputes in the areas of non-competes, compensation, wage and hour, discrimination, harassment, retaliation, wrongful discharge, whistleblower, severance, and benefits issues.
Ms. Barr focuses her practice on helping employers avoid and resolve labor and employment law issues. She has extensive experience in litigation, collective bargaining, mediation, and arbitration, practicing before the EEOC, Ohio Civil Rights Commission, and both state and federal courts. Ms. Barr has represented a wide variety of employers—both public and private—in employment litigation and has successfully litigated cases involving employment discrimination, retaliation, and trade secrets as well as several wage and hour class and collective actions. In addition to her litigation practice, Ms. Barr counsels employers on union relations, Title VII, the Family and Medical Leave Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act as well as various state and federal wage and hour laws. She also routinely advises clients on employee handbooks and policies, restrictive covenants, such as noncompetition and non-solicitation agreements, and provides counsel on employment agreements and exit plans.
When an employer client receives a complaint of potential employee misconduct, such as sexual harassment, discrimination, or retaliation, counsel should know how to guide the employer through the investigation process and/or how to conduct the investigation to determine the employer's potential liability exposure and be able to offer recommendations on possible corrective action.
New attorneys must become familiar with the workplace investigation process--from the initial fact-finding conversation with the client, to establishing the scope of the investigation and selecting key witnesses, to drafting the investigation report and recommendations. Additionally, counsel should understand privilege and confidentiality considerations when conducting investigations.
Listen as our expert panel guides new employment attorneys through the process of conducting workplace investigations. The panel will offer best practices and discuss pitfalls to avoid.
- Introduction: when to conduct a workplace investigation
- Pre-investigation considerations
- Identifying the scope of the investigation
- Initial client information gathering
- Managing employee issues during the investigation (e.g., when the alleged harasser is the supervisor/manager)
- Identifying key witnesses
- Interview preparation
- Confidentiality and privilege considerations
- Upjohn warning
- Documentation
- Conducting interviews and evaluating evidence
- Drafting investigation reports and recommendations
- Best practices and pitfalls to avoid
The panel will review these and other important considerations:
- When is a workplace investigation necessary?
- How should counsel determine the scope of the investigation? Select key witnesses?
- What are best practices for interviewing witnesses and evaluating evidence?
- What confidentiality and privilege considerations should counsel be aware of when conducting workplace investigations?
