Investigating Employee Misconduct
Watch Sample Video on “Deception Spotting Myths”
Over the past 10 years, scientific researchers have found that many common beliefs about how to effectively interview witnesses and determine truthfulness are incorrect. At the same time, courts have found companies liable for using ineffective or scientifically unproven investigative techniques in workplace investigations. In this 5.5 hour online seminar video, you will learn:
- How to interview witnesses using lawful and scientifically validated techniques
- How to apply research-based methods for detecting signs of deception and truthfulness
- The legal requirements for workplace investigations
- A 6-step process for writing clear and concise investigative reports
You will be able to email questions about the seminar content to the presenter, Michael Johnson, who will reply within 2 business days.
Presenter: Former U.S. Department of Justice lawyer Michael Johnson presents the seminar. Michael, a graduate of Harvard Law School, has provided investigations training to organizations around the world, including Google, the EEOC, the United Nations, and the World Bank.
Testimonials: Thousands of past attendees have rated this seminar 4.8 on a 5.0 scale and described the content as “eye-opening,” “engaging,” and “riveting.” This investigations training has been featured in the Wall Street Journal and New Yorker magazine.
Optional Certification Exam: After the watching the online seminar video, you will have the option to take an online certification exam.
Logistics: Once you register, you will be immediately emailed access to the online seminar video, written materials, and optional certification exam. You can complete the seminar videos and exam at your convenience on your computer, tablet or smartphone. You don’t need to complete the entire course in one sitting. You will be able to easily fast forward and rewind through the online videos as necessary.
Learn More: Click on each tab on the top left of the page to learn more about the online investigations seminar video and certificate exam.
In-House Training: Do you have more than 10 people who need to receive investigations training? Join organizations such as Google, the EEOC, and the World Bank and provide client-specific investigations training either on-site or using webcast technology. To learn more about client-specific investigations training for your organization, please call or contact us.Register Today
Drawing on research from leading scientists around the world, this seminar teaches scientifically validated means of investigating alleged misconduct. By examining videos and case studies, you will learn about the following topics:
Advanced Interviewing Techniques (78 minutes)
In this section, you will learn how to apply the latest research related to investigative interviewing. Among other things, you will learn:
- How to use a journalistic instead of a prosecutorial interview style
- How to use the “Funnel Method” to gather all relevant information from each witness
- How to utilize the “Cognitive Interview,” which is the most widely researched interviewing technique in the world
- How to use, in certain cases, advanced questioning techniques proven to make it easier to differentiate between truthful and deceptive responses, such as:
- Asking the person to draw the event
- Asking the person to tell you what happened in reverse order
- Asking unexpected questions
- Why you should never reveal to a witness that you do not believe him or her until the end of the interview (or a subsequent interview)
- How to respectfully challenge a witness whose answers contradict other witnesses or the evidence
Examining Credibility (90 minutes)
Scientists have found that most stereotypical beliefs about deception are incorrect. For example, liars are NOT more likely to avoid eye contact or appear fidgety. In this section of the course, you will examine numerous videos and transcripts to learn what are accurate and inaccurate cues to deception and truthfulness. Among other things, you will:
- Test your ability to spot deception or truthfulness by watching a video of a suspect interview
- Learn how to strategically approach “he said/she said” cases or cases where there are no eyewitnesses
- Learn which cues to deception have been scientifically validated and which are based on myth
- Learn why cues related to “cognitive effort” are much more predictive of deception than cues related to nervousness
- Learn cues to deception and truthfulness related to verbal content and verbal style
- Learn linguistic cues to deception and truthfulness
- Learn the few non-verbal cues that are associated with deception
Legal Requirements of Workplace Investigations (43 minutes)
By analyzing several case studies, you will receive step-by-step guidance on how to handle difficult legal and practical dilemmas that investigators often face. Among other things, you will learn the answers to the following questions:
- How many investigators should be present during an investigative interview?
- What do I do if an employee refuses to be interviewed or otherwise cooperate?
- What should I do if the accused brings an attorney, co-worker, or friend to the investigative interview?
- Under what circumstances should I reveal the names of witnesses?
- What are the factors to consider in imposing discipline?
Writing Investigative Reports (45 minutes)
You will learn, among other things:
- How to use the investigative report to plan and continually update your investigation strategy
- What to include, and not include, in the report to ensure that it is legally defensible
- How to best document facts and credibility determinations
- How to maintain attorney-client privilege, where applicable
- How to overcome “writer’s block” to greatly increase the speed at which you write
- How to write a report that is not only comprehensive but also clear and concise
Interviewing Workshop (70 minutes)
You will watch a role play where seminar attendees interview witnesses in a “he said/she said” case study that is based on a real-life workplace investigation. You will learn how using research-based interviewing techniques can help solve a difficult case.
Total time: 5.5 hours
About Mr. Johnson
- CEO of Clear Law Institute
- Former U.S. Department of Justice lawyer
- Has provided investigations training for hundreds of organizations around the world such as Google, Accenture, the EEOC, the United Nations, and the World Bank
- Has served as an expert witness in cases challenging the adequacy of employer investigations
- His investigative approach has been featured in articles in the Wall Street Journal and New Yorker magazine
- Graduate of Duke University and Harvard Law School.
Michael Johnson has provided investigations training to thousands of professionals at organizations around the world. Past evaluations of his sessions have averaged 4.8 on a 5.0 scale. We’ve included below testimonials from some of his investigation trainings.
- “Michael’s style is engaging, if not riveting. He knows how to keep the audience involved and thinking, remains open to questions and differing opinions, and encourages audience interaction. He brings the subject to life and illustrates questions in a meaningful way.”
- “The speaker’s presentation style made the session very enjoyable and the content was fantastic as it really challenged how we have been trained over the years.”
- “Mr. Johnson was a complete surprise and delight and obviously knows his stuff. I have been in those situations where obviously someone is not telling the truth but how to tell?!! This was not only educational but entertaining!”
- “He is an exceptional speaker and very knowledgeable. Enjoyed the case studies and interaction with the audience. His use of humor is wonderful too.”
- “It was very enjoyable and eye-opening. Everything we’ve been taught is challenged, and important information was provided to assist in investigations.”
- “Very interactive, presented with humor (that keeps everyone engaged). There were videos to view with scenarios. Superb.”
- “Good practical examples of real life situations – made for easier application of material and best practices material.”
- “The presenter was engaging and drew upon the fact that many of us actually have performed many investigations – getting us to admit our challenges and showing us how to address them.”
- “The session was effectively presented and it was clear how I can apply these principles in my investigations right away.”
For no additional cost, you will have the option to certify that you have learned to apply the most up-to-date research on investigative techniques by taking an online certificate exam after viewing the online seminar videos. The exam consists of 50 questions that cover the seminar content. You may take the exam at your convenience after viewing the seminar videos. You must correctly answer 80% or more of the questions to pass. You may take the exam multiple times, if necessary, to pass.
The course has been pre-approved for re-certification credit by SHRM and the Human Resources Certification Institute (HRCI).
Numerous state bar associations have approved the course for CLE credit. We will seek CLE credit in any state at no cost to the attendee.
CCB Compliance Certifications (CCEP, CHC, CHRC)
The course is eligible for continuing education credit through the Compliance Certification Board (“CCB”).
Price and Money-Back Guarantee
$649 per person.
You will be able to access the program for 1 year from the date of purchase.
There is a 100% money-back guarantee if you are not satisfied.
To learn about pricing for an in-house training for your organization, please call 703-372-0550 or contact us.
Michael Johnson delivers client-specific investigations training around the world for dozens of organizations, such as Google, the EEOC, the United Nations, and the World Bank. View Client List.
His one-day course covers the same topics noted in the Agenda tab for the online seminar video. In the two-day course, he also leads two role play exercises where each attendee gets to practice the interviewing and other investigation techniques learned in the first day of the course. The course also addresses client-specific policies and practices related to investigations.
While he most often delivers client-specific training on-site, he can also deliver it using Clear Law Institute’s or your organization’s webcast technologies. Also, the session can be recorded so that new investigators can take the client-specific training before they conduct an investigation.
To learn more about bringing this investigations training to your organization, please call 703-372-0550 or submit a Contact Us form.
Michael Johnson has provided client-specific investigations training for numerous organizations around the world. Sample clients are listed below. If you are interested in bringing this seminar to your organization, please contact us.
- L-3 Communications
- Northrop Grumman
- United Nations (New York, Congo, Sierra Leone)
- World Bank
- Inter-American Development Bank
- Equal Employment Opportunity Commission (“EEOC”)
- Social Security Administration
- Metropolitan Police Department of Washington, DC