Legal Requirements in Workplace Investigations
May 3rd, 2017 1:00 PM to 3:00 PM ET
Can't attend live? By registering, you will be able to view the course live, view a recording at any time for 12 months, or both.
In this interactive webinar, you’ll learn how to ensure that you comply with all legal requirements when investigating alleged workplace misconduct. You’ll also receive step-by-step guidance on how to handle difficult legal and practical dilemmas that investigators often face. Among other things, you’ll learn the answers to the following questions:
- What steps must I take before I begin the investigation if we wish to assert attorney-client privilege?
- How do I respond if a witness complains of misconduct but asks that it not be investigated?
- Under what circumstances should I separate the parties while I conduct the investigation?
- 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?
- 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?
- Should I allow the witness to review my interview notes?
- How much detail about witnesses’ statements must I give the accused?
- Under what circumstances should I reveal the names of witnesses?
- Are there restrictions on my ability to discipline employees for discussing the investigation with others?
- How much detail about the results of the investigation should I give the complainant and the accused?
- Should I keep my handwritten notes?
- What is the appropriate standard of proof for imposing discipline?
- What if I mistakenly discipline an innocent person?
About the Presenter
Michael W. Johnson, CEO of Clear Law Institute, is a former U.S. Department of Justice attorney. He has trained thousands of professionals how to effectively interview witnesses and spot deception in internal investigations. The United Nations hired Mr. Johnson to train UN staff on investigative interviewing techniques in New York, the Congo, and Sierra Leone. He has served as an expert witness in cases challenging the adequacy of employer investigations. Mr. Johnson is a graduate of Duke University and Harvard Law School.