Among other things, you will learn about the following:
Strategic Issues
• How do I strategically investigate “he said/she said” allegations where there are no eyewitnesses?
• What do I do if a witness complains of harassment or other misconduct but asks that it not be investigated?
• Under what circumstances should I promise—or not promise—confidentiality?
• Under what circumstances should I separate the parties while I conduct the investigation?
• How many investigators should be present during an investigative interview?
• Should I tape-record or allow the witness to tape-record the interview?
• Should I allow the witness to review my interview notes?
Interviewing Techniques
• How do I interview witnesses using the “Funnel Method to gather all relevant information?
• How do I use principles from the “Cognitive Interview” and “Conversation Management” interview techniques?
Law of Investigations
• How much detail about witnesses’ statements must I give the accused? When should it be provided?
• Under what circumstances should I reveal the names of witnesses?
• What are the rules for searching an employee’s workspace, computer, or personal belongings?
• What are the limitations on searching employees’ Facebook or other social media sites?
• 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?
• Under what circumstance could I assert attorney-client or work-product privilege? What steps must I take to not compromise the assertion of the privilege?
Proper Documentation and Discipline
• How do I document my factual findings and credibility determinations?
• Should I keep my handwritten notes? If so, for how long?
• How do I avoid defamation, due process, and discrimination lawsuits from the accused?
• Who should see a copy of the report?
• What is the appropriate standard of proof for imposing discipline?
• What if I mistakenly discipline an innocent person?
Manual, Investigating Employee Misconduct
Each attendee receives a comprehensive, step-by-step manual, Investigating Employee Misconduct to use as a guide for future investigations.
Michael W. Johnson is a former attorney in the United States Department of Justice, where he investigated and litigated cases against employers around the country. He was the lead attorney on one of DOJ’s first “pattern or practice” sexual harassment cases.
Michael has trained thousands of human resource professionals, ethics and compliance officers, loss prevention professionals, attorneys, and other professionals how to lawfully and effectively investigate allegations of employee misconduct. Michael has provided investigative training for organizations such as Boeing, the Coca-Cola Company, Heinz, Lockheed Martin, Northrup Grumman, and the World Bank.
The United Nations selected Mr. Johnson to consult on revisions to its policies and to provide investigative training to its staff in New York and in its peacekeeping missions in the Congo and Sierra Leone.Michael has served as an expert witness testifying to the adequacy of employers’ internal investigations.
He is a graduate of Duke University and Harvard Law School.
Michael Johnson has provided investigations training to thousands of professionals. Past evaluations of his sessions have averaged 4.8 on a 5.0 scale. We’ve included testimonials from some of his recent sessions.
Health Care Compliance Association Conference
“Mr. Johnson provided one of the most memorable presentations of the institute. It was very enjoyable and eye- opening. Everything we’ve been taught is challenged, and important information was provided to assist in investigations.”
“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!”
“By far the best session in giving me concrete skills to use. He is an exceptional speaker and very knowledgeable. Enjoyed the case studies and interaction with the audience. His use of humor is wonderful too.”
“Incredible – how much we need information like this. One of the most informative and interesting sessions of the entire week.”
“Michael was clever, engaging, and an excellent speaker with great information. I would have listened all day!”
“This session was packed, seems like a lot of people decided to attend as an alternate and it was well worth sitting on the floor for. Have him back, he is a wealth of knowledge and an excellent speaker/presenter.”
“Wonderful speaker and a packed room. Well worth sitting on the floor!”
“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.”
“Very interactive, presented with humor (that keeps everyone engaged). There were videos to view with scenarios. Superb.”
Society for Corporate Compliance and Ethics Conference
“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.”
“Michael was clearly the winning speaker. He was extremely funny and kept people engaged. I learned a great deal during his session. Bring him back for more courses!!!”
“This session was the best out of all presentation given. The speaker was entertaining, yet very professional. I would recommend you use Michael for all of your seminars.”
“Mike Johnson was an exceptional speaker – he was incredibly engaging and learned. His participation was the high point of the workshop. I would strongly encourage you to engage Mr. Johnson in more seminars to teach compliance professionals, we have much to learn from him.”
“Mr Johnson was the most talked about speaker among our group. Great Class.”
“This was the best session in the Workshop, as it really provided what I needed personally to function effectively. I really wish you would make Michael Johnson available to us every so often via a webcast. This was great!”
“Funny presenter that caught my attention. Liked the video demo. And his real life examples.”
U.S. Equal Employment Opportunity Commission (EEOC) Conference
“Michael Johnson – fantastic, engaging, useful handouts for future reference by HR professionals.”
“Michael Johnson- great speaker and interactive –videos were helpful”
“Michael Johnson appeared prepared and put together a cohesive presentation that included personality.”
“Michael Johnson was amazing!”
“Please bring Michael Johnson back next year!”