Conducting Effective Internal Investigations
Studies have shown that most employees who sue their employers made an internal complaint before filing suit. Many of these suits could have been avoided had the employer conducted an objective and effective internal investigation. Further, even where litigation cannot be avoided, the manner in which investigations are conducted will bolster or diminish the employer's defense. It is therefore critical for employers to quickly identify workplace issues deserving of investigation, whether they arise from a formal complaint or not, and conduct a prompt, balanced, and thorough investigation. This need is especially compelling given the increase in "whistleblower" complaints across Connecticut and the rest of the country.
This complimentary HR Circle program will address:
- Triggers for an internal investigation;
- How to determine the scope of an investigation;
- How to determine at what stage to involve in-house or outside legal counsel;
- How to select and prepare the investigators;
- How to identify the appropriate witnesses to interview, as well as how to determine the proper interview setting, technique, and line of questioning;
- Who can and cannot be told to keep the investigation confidential, and why;
- Documentation and evidence preservation, including the importance of litigation hold instructions;
- NLRB precedent relevant to internal investigations in both unionized and non-unionized workplaces; and
- Anti-retaliation considerations and how to manage employees who trigger investigations.
Labor and Employment attorneys Joshua Walls and Caroline Park will address these topics and discuss what employers need to know. This program will be beneficial to managers, in-house counsel, human resources professionals, investigators, and legal staff alike.