This is an advanced program to instruct human resource professionals, office managers, business owners and supervisors on how to conduct workplace investigations that are fair and legally defensible. In today's legal environment, an investigation itself can create new or increased liability when handled incorrectly. As a result, this program will examine the do's and don't's of workplace investigations.
- Understanding the law of workplace investigations
- Understanding the importance of investigations
- Understanding the investigator's role
- Understanding the issues most likely to be challenged in litigation
- Understanding the decision-making process
- Understanding how to conduct and conclude an investigation
- Understanding how to interview key witnesses
9:00 a.m. - 10:30 a.m.
I. Workplace Investigations And The Law
A. Liability For Negligent Investigations
B. Weingarten Rights In Non-Union And Union Workplaces
C. Legal Restrictions On Investigations, Including Privacy Concerns, Surveillance, Tape-Recording, And The Fair Credit Reporting Act
D. Coordination Of Workplace Investigations With 'Law Enforcement' Investigations
10:30 a.m. - 10:45 a.m.
10:45 a.m. - 12:00 p.m.
II. Key Issues In Workplace Investigations
A. Creating The Proper Policies
B. Implementing An Effective Investigation System
C. Understanding The Investigator's Role
D. Issues Most Likely To Be Challenged In Litigation
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 2:30 p.m.
III. How To Properly Conduct, Conclude And Document An Investigation
A. Preparing For And Conducting The Investigation
B. Step-By-Step Process For Making The 'Decision'
C. Documenting The Investigation
D. Conducting The Disciplinary/Termination Interview
E. The Use Of Performance Commitments And Releases
2:30 p.m. - 2:45 p.m.
2:45 p.m. - 4:00 p.m.
IV. Interviewing Techniques
A. Do's And Don'ts Of Interviewing
B. Types Of Questions
C. Techniques For Interviewing The Accused, The Accuser, And 'Fact' Witnesses
D. Documenting The Interview
4:00 p.m. - 4:30 p.m.
V. Questions And Answers