Content
7 Steps to Investigate Alleged Employee Misconduct Seminar
Writing Comprehensive Investigative Reports Workshop
To
view a 5-minute seminar demo for free, click
here.
7 Steps to Investigate Alleged Employee Misconduct Seminar
In this step-by-step seminar, you will learn practical skills for
investigating allegations of harassment, discrimination, theft, and
other employee misconduct. You will learn how to balance the rights of
the complainant and the accused while protecting the interests of your
organization. You will leave the seminar more confident in your ability
to effectively interview witnesses, make credibility determinations,
and appropriately document your findings.
Advanced Investigative Techniques
-
How do I strategically investigate "he said/she said" allegations where there are no eyewitnesses?
-
How do I interview witnesses using the "Funnel Method" to gather all relevant information?
-
What techniques and questioning strategies can I use to determine if a witness is lying?
-
Should I tape-record or allow the witness to tape-record the interview?
-
How much detail about witnesses' statements must I give the accused?
Law of Investigations
-
What are the rules for searching an employee's workspace, computer, or personal belongings?
-
What should I do if the accused brings an attorney, co-worker, or friend to the investigative interview?
-
Are there restrictions on my ability to discipline employees for discussing the investigation with others?
-
How do I respond if the accused asserts that he or she has a Fifth Amendment "right to remain silent"?
-
How much detail about the results of the investigation should I give the complainant and the accused?
Proper Discipline and Documentation
-
What is the appropriate standard of proof for imposing discipline?
-
What should I include and not include in the report?
-
How do I document my factual findings and credibility determinations?
-
How do I avoid defamation, due process, and discrimination lawsuits from the accused?
-
What if I mistakenly discipline an innocent person?
Investigations Manual
Each attendee will receive a comprehensive, step-by-step Investigations Manual ($149 value) to use as a guide for future investigations.
View a detailed course outline
Writing Comprehensive Investigative Reports Workshop
New in 2008, Brightline is pleased to present Writing Comprehensive
Investigative Reports. This half-day workshop will provide attendees with
practical tips for writing an effective and comprehensive report to document the
investigation of alleged employee misconduct; it was developed based on requests
from Investigations seminar clients. They report that even
their best investigators are significantly challenged by the written
investigative report requirement and the resulting work product often does not
reflect the good practice of the investigation process.
Employers have a
legal duty to investigate allegations of certain types of misconduct, including
but not limited to harassment and discrimination based on federal or state
protected characteristics, and violations of certain state and federal statutes.
Enforcement agencies have set strong expectations on ethical grounds for
organizations to investigate suspected misconduct, even where there are no legal
duties.
- An effective
investigation may stop improper conduct and prevent future harm to the
organization and its employees. Failure to stop improper conduct can result in
the employer being sued for negligent retention and negligent supervision, among
other legal claims.
- An effective
investigation provides a sound foundation for taking disciplinary action, if
necessary. An effective investigation also shows the complaining person that you
take his or her concerns seriously, which may lessen the likelihood that he or
she will file a charge with the EEOC or a lawsuit.
- An effective
investigation also shows external monitors, such as regulatory agencies and
stakeholders, that the organization is serious about preventing and correcting
misconduct.
- An effective
investigation allows an employer to avoid or minimize liability for some types
of employee misconduct, such as harassment claims, even if the alleged
misconduct actually happened. It also can avoid the disruption in the workplace
caused by litigation.
The investigative report is proof of the organization's good faith attempt to conduct a thorough investigation, and the tool the organization uses to determine whether to take or refrain from disciplinary action against an employee for misconduct.
In this highly interactive 4-hour workshop, attendees will learn how to efficiently and effectively write "bullet-proof" investigative reports. Among other things, attendees will learn:
- How to analyze the relevant evidence
- What to include-and not include-in the report
- The essential sections of the report
- Principles of clear and concise summaries
- How to properly document credibility determinations
- How to compile exhibits
- What to include-and not include-in the investigative file
- Privilege and confidentiality designations
- Who should see the report
- How to retain the investigative file
Attendees leave
the session equipped with the knowledge and skills required to develop an
effective comprehensive investigative report. A manual and many useful handouts
will be used during the workshop and as take-aways to facilitate reports written
in the future.
View a detailed course outline
|
