Do’s & Don’t of Workplace Investigation - Navigating the Legal Minefield

Are you equipped to execute a thorough and unbiased investigation? Are you wary of inadvertent biases, ensuring equitable treatment of both employees and employers while respecting their rights? Can you sidestep the pitfalls that often taint an otherwise solid case?

Discover the answers to these pivotal questions and more, arming yourself with insights to avoid the blunders that others commonly encounter. Elevate your investigative prowess and ensure your next inquiry is executed with the utmost professionalism.

In a landscape fraught with challenges, it’s crucial to exercise caution before taking the leap. This exclusive and immersive program invites you to delve into a realm of interactive learning, offering a comprehensive framework of best practices. Here, you’ll not only garner invaluable knowledge but also cultivate the confidence, skills, and techniques necessary to orchestrate a robust workplace investigation.

Embarking on an investigation is like navigating a minefield—one misstep can have far-reaching consequences. The ability to understand the right course of action and recognize the pitfalls to avoid is crucial. Your decision-making power hinges on the rigor and diligence with which you conduct your investigation. A well-executed investigation can protect your organization from legal disputes, while a poorly managed one can expose you to costly and unnecessary risks.

However, a thorough investigation does more than just prevent potential damage—it acts as a proactive tool to uncover and address workplace issues before they escalate. By identifying concerns early, you foster an environment of enhanced business operations and productivity, irrespective of the nature of the investigation.

This webinar serves as your guide, providing the essential tools to confidently navigate the intricate landscape of investigations. Join us to discover the principles of effective investigative processes, ensuring that your organization remains protected and empowered, regardless of your challenges.

• Why do we investigate?
• Role of objectivity (Internal v External investigator)
• Best investigative practices/Interview Techniques (Use of “Yes” or “No” questions Single v multiple sessions, etc.)
• Documenting the investigation
• Standards/models of proof
• Title VII and related investigations.
• Misconduct investigations.
• Avoiding legal minefields when investigating (Negligent Investigation, Interference with contractual obligations, Loudermill Rights, Weingarten Rights, Violation of Public Policy, False Light, Defamation, False Imprisonment. Intentional Infliction of Emotional Distress, Negligent Infliction of Emotional Distress, Searches, and Monitoring/Surveillance)

• Role of Safety & Cyber Security
• Role of legal counsel
• Taking accurate complaints
• Documentation
• Custody or chain of evidence
• Do's & don'ts of interviewing witnesses
• Interviewing the principal (the accused)
• Writing the investigative report
• Closure (with the accused, witnesses, and others)
• Retaliation: how to make a bad complaint good
• Implementation
• After action review

Workplace investigations are critical to maintaining a fair, safe, and compliant environment. They typically arise when there's an allegation of misconduct, harassment, discrimination, or other serious workplace issues. Navigating these investigations correctly is essential to avoid legal risks and ensure the process is handled fairly.    A poor investigation or mishandling of the process can lead to negative publicity, damage to the company's reputation, and loss of employee trust.