Do's and Don'ts for Internal Investigations of Employment Issues
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Learn the proper way to conduct an internal investigation to ensure you're in compliance and not leaving anything out.Any prudent employer will want to investigate and, if necessary, remedy reported discrimination or harassment. In some states, a prompt investigation is legally required. This topic will provide you with valuable and practical advice on planning and conducting internal investigations, and assessing how to respond once the investigation is completed.
AuthorsGeorge S. Howard Jr., Jones Day
How to Plan and Structure an Internal Investigation of an Employment Matter
Who Should Investigate?
Creating an Investigation Plan
• Who Should Be Interviewed?
• What Documents Should Be Reviewed?
• What Records Should Be Generated and Kept?
Interviewing the Victim
Interviewing the Witnesses
• What to Ask
• What Not to Say
• Witness Statements, Tape Recording and Documentation
Interviewing the Accused
Confidentiality and Employee Inquiries
Role of Inside and Outside Counsel for Individuals
• Attorney-Client Privilege Issue
• What to Do If the Accused or the Victim Retains Counsel
Retaliation and Interference in Investigations
After the Fact Investigations
Concluding the Investigation and Determining What to Do
Undercover Investigations, Searches and Polygraphs
What to Tell the Work Force