A single misstep in a workplace investigation can mean the difference between an expensive lawsuit and a successful and positive outcome. When you receive an allegation of workplace harassment, discrimination, violence, drug abuse, or other misconduct, who should conduct the investigation? Where do you begin? When have you done enough? How can you avoid common pitfalls?
Remember, the key to effective management requires prompt and reasonable action, and reasonable action is judged in light of the facts learned through an appropriate investigation. By attending this seminar, you will learn about the latest legal requirements of investigations, the 'do's and don'ts' and the 'how to's and how not to's' of a lawful investigation.
- Pre-employment inquiries and investigations of job applicants
- How to investigate an internal employment complaint
- Investigations of discrimination and harassment matters
- Employee privacy issues that arise during investigations
- Hypothetical investigations
9:00 a.m. - 10:00 a.m.
I. Overview, Pre-Employment
Inquiries And Investigations Of Job
A. Hiring Strategies
B. Application Concerns
C. Criminal Background Checks Arrest Records
F. References And Representations
G. Health Information/Drug Tests
H. I-9 Requirements
I. Off-Duty Conduct
J. Union Organizers
10:00 a.m. - 11:15 a.m.
II. How To Investigate An Internal
A. Receiving The Complaint
B. Preparing An Investigation Plan Including Who Should Conduct The Investigation
D. Interviewing The Complainant, The Alleged Harasser And Possible Witnesses Including Weingarten And Epilepsy Foundation Issues
E. Preparing Written Statements
F. Preparing Findings Of Fact
G. Outside Counsel As The Investigator
H. Documenting Files For Discharge
I. Privilege Issues How Best To Prepare And Maintain Documents To Maximize Protection Of Information; Waiver Of The Privilege; Strategizing With Respect To Privilege
11:15 a.m. - 11:30 a.m.
11:30 a.m. - 12:45 p.m.
III. Investigation Of Harassment,
Retaliation, And ADA Matters
A. How To Comply With Recent Case Developments
B. Establishing An Affirmative Defense For Harassment Claims
C. How To Avoid Punitive Damages Under The Kolstad Standard
D. Taking Remedial/Disciplinary Action Without Retaliation
E. NLRA Issues Jonnie Poultry
F. Dealing With The ADA's Interactive Process
G. Legal Considerations Regarding The Use Of Polygraphs In Internal Investigations
12:45 p.m. - 1:45 p.m.
Lunch (On Your Own)
1:45 p.m. - 2:45 p.m.
IV. How To Handle The Employee
Privacy Issues That Arise During
A. Investigations Of Misconduct And Absenteeism
B. Monitoring Of E-Mail And Internet Use
C. Video Cameras, Eavesdropping And Other Forms Of Surveillance
D. Searches Of Workdesks And Other Personal Effects At The Workplace
2:45 p.m. - 3:00 p.m.
3:00 p.m. - 3:30 p.m.
V. How To Become HIPAA Compliant
A. Determining If You Are A Covered Entity
B. Monitoring Your Business Associates
C. Role Of The Privacy Officer
D. Monitoring Compliance With The Privacy Rules
E. Understanding The New Security Rules
3:30 p.m. - 4:30 p.m.
VI. Hypos And Other Issues Not