About This Course
Workplace investigations present significant legal and practical challenges, requiring employers and counsel to respond promptly, fairly, and in compliance with evolving legal standards. This CLE program provides a comprehensive overview of the investigation process, from the initial complaint through the final report, while highlighting the legal obligations and strategic considerations that arise at every stage.
Attendees will explore how to identify issues that warrant a formal investigation, develop an effective investigative strategy, gather and evaluate evidence, conduct meaningful witness interviews, and reach well-supported conclusions. The program will also discuss maintaining impartiality, protecting confidentiality to the extent possible, addressing retaliation concerns, and creating clear, well-documented findings that can withstand regulatory or judicial scrutiny. Practical examples and real-world scenarios will illustrate common challenges and proven approaches for managing investigations while minimizing legal exposure.
Topics include:- Recognizing when a workplace investigation is legally or strategically necessary
- Applicable federal and state employment laws affecting investigations
- Developing an investigation strategy and preserving relevant evidence
- Effective techniques for interviewing employees and other witnesses
- Assessing credibility and resolving inconsistent accounts
- Preparing thorough investigation reports and supporting documentation
- Confidentiality, privilege considerations, and retaliation prevention
- Frequent investigation errors that create legal risk
- Practical strategies for conducting fair, objective, and legally defensible workplace investigations
