Internal Investigation Crash Course: When and How to Conduct an Investigation

OVERVIEW

Are you prepared to conduct a proper investigation? Will it comply with all Federal, State, and local laws and all your policies?  Will that investigation be objective and respect all party’s rights? Will it be presented professionally?

If done right an investigation can help get to the bottom of things. If done wrong, it all too often makes things worse. So, it pays to know how to do it right every step of the way. The challenge of complying with all applicable standards/regulations is to educate and update all who are responsible for conducting investigations within the organization. Otherwise, they may not have the tools or skill sets to be aware of all those obligations and responsibilities which in turn can lead to unintentional violations of law and challenges to the integrity and credibility of the investigation and its results/conclusions.

WHY SHOULD YOU ATTEND?

This webinar can help you and your organization understand what’s required to conduct an effective and professional investigation while minimizing risk (financial, legal, damage to internal and external reputation, etc.).

Let’s face it, it is a minefield out there so it’s important to know what you can, cannot, should, and must do before you get started!

LEARNING OBJECTIVES

• Maintaining ethical behavior in all aspects of the investigation
• Always respecting the parties.
• Staying focused on the issue(s) and not getting distracted or exceeding one’s authority.
• Conducting an organized and well-documented investigation.
• How to avoid common legal minefields
• How to identify and use standards and models of proof to aid the investigation
• Provide parties with a concise and objective report of the facts, analysis of those facts, and conclusions and or recommendations.

AREAS COVERED

• The investigator's role
• The art of objectivity
• Benefits of multiple interview styles/techniques
• Proper application of “Yes/No” questions
• Single vs. multiple interview sessions
• Documenting the investigation from complaint to conclusion
• Standards/models of proof and when/how to utilize them.
• The two major types of workplace investigations (Title VII and misconduct)
• Avoiding legal minefields:
                 • Negligent Investigation, Interference with Contractual Obligations, Loudermill Rights, Weingarten Rights, Violation of Public Policy, False light, Defamation, False Imprisonment, Intentional or Negligent Infliction of Emotional Distress, Searches and Monitoring/Surveillance.

TOPIC BACKGROUND

Investigating within a corporate environment is a delicate yet critical undertaking that requires careful planning, adherence to legal frameworks, and a commitment to uncovering the truth. Whether addressing allegations of misconduct, fraud, harassment, or other workplace issues, knowing when and how to initiate an investigation is paramount for organizations aiming to maintain integrity, compliance, and a healthy work environment. Implementing robust investigation practices not only helps address immediate concerns but also contributes to a culture of transparency, accountability, and ethical conduct within the corporate environment.