Do's and Don'ts for Internal Investigations of Employment Issues

• Overview
• Credits

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.

Authors

Agenda

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