Training Course Syllabus:

Advanced Internal Investigations Certificate Program

Key Benefits Of Attending

• Steps for responding to – and investigating - a potential Title VII violation
• How to handle an EEOC charge
• Methods for identifying and investigating workers compensation and disability fraud
• How to properly investigate FMLA and other leave abuse cases
• What to do when you're notified of a potential violation of anti-discrimination laws
• Current issues involving the NLRB - and challenges to the investigative process
• Steps for identifying – and investigating - persons who have the potential for committing an act of workplace violence
• Best practices for gathering and preserving physical, digital, and documentary evidence
• Steps for interviewing difficult and hostile witnesses to obtain testimonial evidence
• Advanced techniques for investigative interviewing
• Proven procedures for developing, acquiring, and documenting testimonial evidence
• When - and how - to involve law enforcement in an internal investigation
• How to prepare a "court ready" investigate report
• How to handle post-investigative issues, including defending investigative finds in arbitration hearings, unemployment hearings, and insurance claims
• How to minimize the risks of retaliation and expensive legal claims against the organization
• Recent court cases: what went wrong, and how you can keep it from happening to you

DAY ONE

Module 1: Where Are We Today, And What Can We Learn From The Past

•Current court cases that were painful lessons for employers
•What we can learn from recent court decisions involving investigations

Module 2: Today’s Key Regulatory Areas: EEOC, NLRB, FMLA, ADA, and OSHA

•EEOC's Strategic Enforcement Plan and targeted enforcement efforts

Latest issues regarding background investigations

 “Negligent” hiring and discrimination

•National Labor Relations Act

Latest issues involving the NLRB
Social Media, Section 7, and "Concerted Activities"
Investigations and confidentiality


•The Family & Medical Leave Act

Trends in FMLA Abuse: "The Friday-Monday Leave Act"
The headaches of Intermittent Leave abuse: "Monday-Friday Migraines"


•ADA Amendments Act

Major Bodily Functions and Reasonable Accommodation "Request Abuse"
Rise in disability fraud


•Occupational Safety & Health Act

Workplace violence as a "Recognized Hazard" under General Duty Clause
Restraining Orders to minimize the risk of workplace violence
Legalization of marijuana and the "Patchwork Quilt" of state laws
Substance abuse investigations
Emerging issues in drug testing

Interactive Exercise: Best Practices For Catching An FMLA Abuser

Module 3: Anti-Harassment and Discrimination Issues: Title VII, ADA, Pregnancy, Equal Pay

•Title VII of the Civil Rights Act

Harassment, discrimination, and retaliation
Emerging issues with ADA, LGBT, and accommodating pregnancy


•Title I of The Americans with Disabilities Act

Reasonable - or Unreasonable - Accommodations?


•The Age Discrimination in Employment Act

•The Pregnancy Discrimination Act

•The Equal Pay Act

•Analysis of an EEOC Charge and Investigative Process

•Investigations and Employer Position Statements

•Mediation, settlement, and conciliation

Interactive Exercise: We Received An EEOC Charge...Now What?

Module 4: How To Minimize Retaliation Claims Before, During, And After Investigations

•Current retaliation cases and staggering employer costs for punitive damages

•Understanding the key elements in a retaliation claim to minimize risk

•"Managing to Perception" during investigations to minimize risk

•How to minimize retaliation claims before, during, and after an investigation


DAY TWO

Module 5: Launching An Investigation: Crucial Steps To Work A Good Case•Assessing the case type:

Theft, Misuse of Assets, Safety, EEO, Ethics & Compliance


•Identifying Resources:

Internal vs. External?
When to get legal counsel involved
When to get law enforcement involved
When is it time to recuse yourself


•Establishing roles and responsibilities to minimize political interference

•Building consistency in the investigative process:

Interview question preparation
Statement of complaint
Witness statements
Documents of conversation
Evidence log and chain of custody
Case notes
Evidence storage
Formal investigative report with exhibits

Module 6: Steps And Strategies For Physical And Documentary Evidence Collection

•Working with IT in Gathering Electronic Evidence:

Proper collection of electronic physical and documentary evidence
Internet log / Virtual Private Network (VPN)


•Collecting Electronic Evidence:

Surveillance systems
Phone records
Employee access card records
Electronic messages


•Publicly-available open records evidence

•County courthouse records

•Online information services (Lexis Nexis)

•Physical evidence collection in the workplace

•Handling and disposal of dangerous or illegal drugs and weapons

•Preventing evidence tampering

•Safeguarding

•Incorporating into the Investigation Report

Module 7: When – And How – To Work With Law Enforcement

•When is it appropriate or necessary to approach law enforcement?

•What to expect when working with law enforcement

Parallel investigation
Collaboration on a case

•Providing evidence and cooperation within the bounds of the law and privacy

Subpoena
Court orders
Attorney engagements

•How agencies are set up and operate within the legal system

•How to leverage law enforcement agencies to help safeguard your employees: active shooter, workplace violence, substance abuse, physical security

Interactive Exercise: The Police are here…What do you do?

Module 8: Advanced Techniques For Developing, Acquiring, And Documenting Testimonial Evidence

•Preparation for Conducting Witness Interviews

The Bulls Eye technique
Developing interview questions and strategy
Establishing security protocols for investigative interviews
Selecting the right investigators

Interactive Exercise: Interviewing a complainant, interviewing an accused, documenting complainant and witness statements

Module 9: Best Practices For Writing An Investigative Report

•Use standardized formats that are "court ready"

•Timesaving Best Practices: headers, footers, drop-downs, appropriate stamps

•Reports written for outside parties to understand

•Eliminating opinion and bias from the report

•Incorporation of electronic evidence into reports without creating challenges

Module 10: Post-Investigative Requirements

•Maintaining integrity of the evidence

•Security of the files and chain of custody

•Preparation for unemployment hearings, arbitration hearings, insurance claims, and litigation
Action Steps Beyond The Program

Program Wrap-Up

A "Certificate in Advanced Internal Investigations"

Upon completion of this seminar, you will be awarded with a "Certificate in Advanced Internal Investigations". This certificate will become a permanent addition to your professional resume, and greatly enhance your value to your organization.

PHR / SPHR Re-Certification Credits!

This program is approved for 12 re-certification credit hours through the HR Certification Institute.

The Internal Investigations Training & Certification Program

As a seminar participant, you receive access to our Internal Investigations Training & Certification Program. This courses provide detailed specifics - including numerous examples, administrative tips, procedural recommendations, and interactive questions - for performing an investigation. Available online, it allows you to study at your pace and access materials anytime, anywhere with an internet connection. You also receive EIGHT additional hours of PHR/SPHR re-certification credits for this course

Unless otherwise stated, classes run from 8am to 4pm each day, starting on the dates posted herein.

Special Pricing:

An "Early Bird" discount is offered for registrations made 30 days prior to the seminar date, so register today!

Pre-Requisites:

Although there are no pre-requisites for attending this course, you should have experience in HR, Employee Relations, Safety, or Security/Asset Protection, and a good working knowledge of internal investigations prior to attending.

For professionals who are fairly new to investigations, it is highly recommended that you attend our Internal Investigations Certificate Program first, as it is designed specifically for individuals new to an investigative role.

Seminar Summary:

Learn best practices for handling FMLA and disability fraud and post-investigation issues and more! (see full course description)

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