The Ins and Outs of Conducting an Internal Workplace Investigation
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- Online Access
To minimize exposure and to comply with legal requirements, employers are asking their in-house and outside counsel to conduct workplace investigations relating to violations of company policies, claims of harassment, discrimination, wrongful termination and allegations of misconduct. A fair and effective internal investigation can be an employer’s best defense against a potential employment lawsuit and, when conducted properly, an internal investigation can help an employer avoid costly and protracted litigation.
This CLE program focuses on how to conduct workplace investigations that minimize an employer’s exposure to liability and effectively address employee concerns. Susan will discuss how to conduct an investigation, best practices to follow, pitfalls to avoid and how to use the results of the investigation.
Susan L. Swatski, Esq.
Susan L. Swatski is counsel in the Princeton, N.J. office of Hill Wallack LLP. She is a member of the firm’s Employment Law,Product Liability and Construction Industry practice groups
Ms. Swatski represents and counsels a broad range of corporate clients including:
- Developers/sponsors, homeowner associations and lending institutions in defending and prosecuting construction defect disputes
- Nursing staffing agencies, nursing homes and technology companies in employee termination notice requirements and wage and hour disputes with the New Jersey Division of Wage and Hour Compliance
- Employers and employees dealing with personal claims of discrimination, harassment, wrongful discharge, defamation and invasion of privacy as well as corporate disputes with employees over employment contracts, non-compete clauses, non-disclosures and confidentiality agreements and other restrictive covenants
Ms. Swatski manages large scale electronic discovery cases and advises corporate clients on creating record retention programs and electronic discovery plans, including the selection of outside forensic computer specialists. She also has experience litigating employment, commercial, products liability and insurance disputes before New York and New Jersey State and Federal courts, the United States Equal Opportunity Commission and the New York City Commission on Human Rights.
Presentations & Publications
- Presenter, Successful Women Connecting Seminar Series: Best Practices for Hiring Minors, Interns and Volunteers, March 2012, Simple and Efficient Strategies for Addressing Human Resources in a Growing Business, July 2011
- Interviewed by WDVR, The Many Faces of Life (September 2011), and Tempus (June 2012), regarding issues in employment law, September 2011
- Co-Author, Finding a Needle in an Electronic Haystack: The Science of Search and Retrieval, published in ABA Mass Torts, Fall/Winter 2009
- Co-Author, Whose Space? Discovery of Social Networking Websites, published in Product Liability Law & Strategy, June 2008
- Co-Author, Think Twice, Click Once: E-mail Guidelines, published in Product Liability Law & Strategy, March 2006
- Co-Author, Practice Pointers Regarding Product Liability, published in Records Retention Critical Considerations Surrounding Records Management, Association of Corporate Counsel, October 2005
- Contributing author to Hill Wallack LLPs Employment Client Alerts: Consequences Of Giving An Employee The Hobson's Choice Of Resigning Or Being Fired, June 2012, EEOC Issues Enforcement Guidance And Best Practices For Employer Use Of Arrest And Conviction Records, June 2012, Employees May be Able to Use Employers’ Confidential Records to Prove a Workplace Discrimination Claim, July 2011, United States Supreme Court Broadens Scope of Title VII to Include Third-Party Retaliation Claims, April 2011
Ms. Swatski also presents seminars regarding anti-discrimination and harassment in the workplace and general human resource management.
- Named to New Jersey Law Journal’s 2012 New Leaders of the Bar
- Member, Princeton Chamber of Commerce
- Member, Board of Trustees of the Princeton Greens Homeowners Association
- Member, Litigation Section, New Jersey State Bar Association
- Volunteer, Mercer County Dress for Success
- Volunteer, Rhett Syndrome Research Foundation
- Active Member, Trinity Episcopal Church in Princeton
Ms. Swatski is admitted to practice in the states of New Jersey (2002), New York (2003) and in the United States District Court of New Jersey (2002), the United States District Court for the Southern District of New York (2003), and the United States District Court for the Eastern District of New York (2003). Prior to joining Hill Wallack LLP, Ms. Swatski served as Deputy Press Secretary to United States Senator Arlen Specter and was the Manager of Government Affairs for the Shipbuilders Council of America. She received her J.D. from Seton Hall School of Law and her B.A. cum laude from Susquehanna University.