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Employee Internal Investigations: The Ultimate Legal Guide

Credits Available
Credit Status Total
California MCLE Paralegal Approved 6 Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Pending 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 7.2 Total
Northern Mariana Islands CLE Approved 6 Total
Mississippi CLE Approved 6 Total
Montana CLE Pending 6 Total
North Carolina CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Approved 7 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
Arizona CPE for Accountants Approved 7 Total
New York CPE for Accountants Approved 7 Total
Washington CPE for Accountants Approved 7 Total
Wisconsin CPE for Accountants Approved 7.2 Total
Delaware Certified Paralegal Program Approved 6 Total
Florida Registered Paralegal Approved 6 Total
HRCI Approved 6 Total
Indiana Paralegal CLE Approved 6 Total
Montana CLE Credit for Paralegals Approved 6 Total
CPE for Accountants/NASBA Approved 7 Total
North Carolina Continuing Paralegal Education Approved 6 Total
New Mexico Paralegal Division, State Bar of Approved 6 Total
Ohio Certified Paralegals Approved 6 Total
NFPA Approved 0 Total
SHRM CP/SCP Approved 6 Total
Texas State Bar of Paralegal Division Approved 6 Total
Live Online
6 hours
Marc Jacuzzi
Erik Peters
Bradley Lohsl
Ved Chitale
Quentin Smith
Lauren Bridenbaugh
With Marc L. Jacuzzi from Simpson, Garrity, Innes & Jacuzzi, P.C. + 5 others

Tue, Aug 25, 00:00 AM – 00:00 PM

Product ID 102201

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Overview

A Practical Guide to the Latest Employee Internal Investigation Legal Issues

Internal investigations of employee misconduct are fraught with legal pitfalls. It is essential to recognize these traps in order to preserve attorney-client privilege, avoid future lawsuits, and more. In this essential legal overview of how to conduct employee internal investigations, our experienced attorney faculty will walk you through the investigation process and illuminate the top errors that employers make. Ensure internal investigations protect the legal rights of all parties while mitigating the potential for future lawsuits - register today!

  • Identify recent trends, hot-button issues, and legal challenges employers face right now with internal investigations.
  • Ensure attorney-client privilege and the work-product doctrine are preserved while conducting internal investigations.
  • Analyze investigation procedures to reduce the chances for real or perceived interviewer bias.
  • Spot investigation procedure cracks that have the potential to cause serious legal difficulties down the road.
  • Create legally defensible paper trails that fully document the rationale behind termination decisions.
  • Evaluate investigation results and determine whether potential exists for retaliation, wrongful discharge, or other claims.
  • Use the investigation results strategically in discovery, depositions, and other litigation procedures.

Abbreviated Agenda

  1. Internal Investigation Emerging Trends, Updates, and Current Legal Challenges
  2. How to Handle Internal Formal Complaints: What Attorneys Need to Know
  3. Initiating the Investigation: How Attorney-Client Privilege and the Work-Product Doctrine Are Preserved
  4. Conducting the Investigation
  5. Using Investigation Materials in Litigation: Plaintiff and Defense Strategies
  6. How to Avoid and Handle EEOC and DOL Investigations: Plaintiff and Defense Perspectives
  7. Analyzing Investigation Results: Do the Accuser or Accused Have Grounds to File Suit?
  8. How Plaintiff Attorneys Spot Investigation Cracks - and Make Them Bigger
  9. Ethical Issues in Employment Law

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Product ID 102201

Credit Details

Credits Available
Credit Status Total
California MCLE Paralegal Approved 6 Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Pending 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 7.2 Total
Northern Mariana Islands CLE Approved 6 Total
Mississippi CLE Approved 6 Total
Montana CLE Pending 6 Total
North Carolina CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Approved 7 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
Arizona CPE for Accountants Approved 7 Total
New York CPE for Accountants Approved 7 Total
Washington CPE for Accountants Approved 7 Total
Wisconsin CPE for Accountants Approved 7.2 Total
Delaware Certified Paralegal Program Approved 6 Total
Florida Registered Paralegal Approved 6 Total
HRCI Approved 6 Total
Indiana Paralegal CLE Approved 6 Total
Montana CLE Credit for Paralegals Approved 6 Total
CPE for Accountants/NASBA Approved 7 Total
North Carolina Continuing Paralegal Education Approved 6 Total
New Mexico Paralegal Division, State Bar of Approved 6 Total
Ohio Certified Paralegals Approved 6 Total
NFPA Approved 0 Total
SHRM CP/SCP Approved 6 Total
Texas State Bar of Paralegal Division Approved 6 Total
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Agenda

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  1. Internal Investigation Emerging Trends, Updates, and Current Legal Challenges

    1. Reviewing New Terminology
    2. Current Legal Challenges Attorneys and Employers Are Facing With Investigations
    3. Recent Trends and Hot Topics in Employment Law: Tips for How to Stay Compliant and Handle Investigations
      1. #MeToo/Harassment
      2. Discrimination
      3. Disability/Medical Complaints/FMLA Issues
  2. How to Handle Internal Formal Complaints: What Attorneys Need to Know

    1. Identifying Red Flags
    2. Filing of the Complaint
    3. Following the Internal Formal Complaint Process and Procedures (With Sample Checklist)
    4. How to Respond If There Is a Finding of Discrimination
    5. Documentation Best Practices to Keep Employers Out of Hot Water
  3. Initiating the Investigation: How Attorney-Client Privilege and the Work-Product Doctrine Are Preserved

    1. The Role of the Attorney in the Investigation
    2. Legal Advice vs. Business Advice
    3. Scope of Attorney's Duties for Company
    4. Investigating Complaints vs. Litigating Complaints
    5. Third-Party Consultants: Functional Equivalents of Employees?
    6. Documenting and Interviewing
  4. Conducting the Investigation

    1. Statements to the Accuser
    2. Statements to the Accused
    3. Statements to Witnesses
    4. Reducing Claims of Bias or Unfairness: Essential Strategies
    5. Common Investigation Errors Non-Attorneys Make
    6. Organizing Interview Materials
    7. Creating the Investigation Final Report
  5. Using Investigation Materials in Litigation: Plaintiff and Defense Strategies

    1. Litigation Holds: What Should Be Preserved?
    2. Discovery Essentials: Reports, Notes, Recordings, etc.
    3. Accessing Documents That Constitute Anecdotal Statements
    4. Information That Can and Cannot Be Redacted
    5. Deposing the Accused, Accusers, and Witnesses
    6. Strategies for Deposing Attorney and Non-Attorney Investigators
  6. How to Avoid and Handle EEOC and DOL Investigations: Plaintiff and Defense Perspectives

    1. Putting Effective Policies in Place to Avoid EEOC Investigations
    2. Following Administrative Proceedings Properly
    3. How to Document and Investigate EEOC Complaints From Day One
    4. Forming Effective EEOC Interview Questions
    5. Raising EEOC Claims: Enhanced Internal Processes
    6. Handling EEOC/HRC Complaints and Drafting Position Statements
    7. How to Respond to an Agency's Request for Information
  7. Analyzing Investigation Results: Do the Accuser or Accused Have Grounds to File Suit?

    1. Retaliation
    2. Wrongful Discharge
    3. Constructive Discharge
    4. Discrimination Claims
    5. Potential for Employment-Related Class Action Suits
  8. How Plaintiff Attorneys Spot Investigation Cracks - and Make Them Bigger

    1. Brushing Complaints Under the Rug
    2. Delayed Investigations
    3. Failure to Follow Company Complaint Policies
    4. Lack of Confidentiality in the Investigation Process
    5. Other Exploitable Cracks
  9. Ethical Issues in Employment Law

    1. Key Rules of Professional Conduct
    2. Confidentiality
    3. Conflicts of Interest
    4. Attorneys' Fees

Who Should Attend

This essential overview of how to conduct employee internal investigations is for attorneys. Human resource professionals, accountants, managers, and paralegals may also benefit.

Speakers

Marc L Jacuzzi
Marc L.
Jacuzzi
Simpson, Garrity, Innes & Jacuzzi, P.C.
Erik Peters
Erik
Peters
Verrill Dana LLP
Bradley S Lohsl
Bradley S.
Lohsl
Golan Christie Taglia LLP
Ved Chitale
Ved
Chitale
Andrews Myers, P.C.
Quentin F Smith
Quentin F.
Smith
Stelzner, Winter, Warburton, Flores & Dawes, P.A.
Lauren M Bridenbaugh
Lauren M.
Bridenbaugh
Littler Mendelson P.C.
Speaker bio
Marc L Jacuzzi

Marc L. Jacuzzi

Simpson, Garrity, Innes & Jacuzzi, P.C.
Marc Jacuzzi

is a director with the firm of Simpson, Garrity, Innes & Jacuzzi, P.C., where he focuses on employment law matters. Mr. Jacuzzi represents employers in civil rights actions (including claims under the Age Discrimination in Employment Act, the Americans with Disabilities Act, Title VII of the Civil Rights Act, the California Fair Employment and Housing Act, and other state discrimination statutes), FMLA and other leave rights, wage & hour class actions, Private Attorney General Act (PAGA) claims, trade secret misappropriation claims, wage claims, wrongful termination claims, unfair business practices claims, contract disputes, and various tort claims filed with the Equal Employment Opportunity Commission, the Division of Labor Standards Enforcement, and various other state agencies in various state and federal courts. Mr. Jacuzzi also provides advice and counseling in all areas of employment law. Mr. Jacuzzi earned his B.A. degree from the University of California, Los Angeles and his J.D. degree from the University of the Pacific, McGeorge School of Law. He is a member of the State Bar of California, the State Bar of Colorado, Colorado Bar Association, American Bar Association, and the San Francisco and Contra Costa County bar associations.

Speaker bio
Erik Peters

Erik Peters

Verrill Dana LLP
Erik Peters

is a partner in Verrill Dana LLP's labor and employment group. He regularly conducts workplace investigations, advises clients on employment law and human resources compliance issues, and defends companies accused of discrimination or harassment based upon disability, religion, age, sexual orientation, whistleblower retaliation, and wage and hour violations. Additionally, Mr. Peters has successfully represented many individuals who were the victims of discrimination. A significant part of his practice involves conducting workplace investigations. In conjunction with this, Mr. Peters has successfully completed the Association of Workplace Investigators' Training Institute, which teaches the knowledge and skills necessary to perform impartial workplace investigations. He also regularly conducts anti-harassment training for his management side clients and for other attorneys.

Speaker bio
Bradley S Lohsl

Bradley S. Lohsl

Golan Christie Taglia LLP
Bradley Lohsl

concentrates his practice in the areas of employment law, and commercial and business litigation. Mr. Lohsl is a trusted advisor and advocate, providing expert legal counsel and representation to clients navigating complex employment and commercial matters. With extensive experience in identifying, assessing, and mitigating legal risks, Mr. Lohsl offers valuable guidance on best practices and policies, employee agreements, and workforce reductions. His comprehensive approach ensures that businesses stay compliant while minimizing exposure to potential legal challenges. Mr. Lohsl represents clients in both state and federal courts, as well as before key administrative bodies such as the Equal Employment Opportunity Commission (EEOC) and the Illinois Department of Human Rights. He is well-versed in representing clients in matters related to retaliatory discharge, discrimination, trade secrets, employment agreements, including restrictive covenants and non-compete agreements, breach of contracts, and violations of the Illinois Whistleblower Act.

Speaker bio
Ved Chitale

Ved Chitale

Andrews Myers, P.C.
Ved Chitale

is an attorney at Andrews Myers, P.C. As a board-certified labor and employment attorney, he regularly advises clients on various labor and employment issues such as discrimination, trade secrets, non-competes, non-solicits, unfair labor practice charges, FMLA leave, benefits policies, employment manuals and policies, wage and hour laws, employment contracts, workers' compensation, WARN Act, OSHA, and more. Mr. Chitale routinely drafts employment manuals, employee wage and hour classification policies, employment contracts, severance agreements, bonus agreements and more, in a manner that best protects his clients' interests. A significant portion of his practice involves dealing with government agencies such as the EEOC, Department of Labor, NLRB, DHS, OSHA and even the IRS. Mr. Chitale earned his B.A. degree from Texas A&M University and his J.D. degree from the University of Houston Law Center.

Speaker bio
Quentin F Smith

Quentin F. Smith

Stelzner, Winter, Warburton, Flores & Dawes, P.A.
Quentin Smith

is a shareholder/director in the law firm of Stelzner, Winter, Warburton, Flores & Dawes, P.A., where he focuses his practice on employment and labor law, and general civil litigation. Mr. Smith has successfully defended employers against a wide variety of lawsuits, such as discrimination and sexual harassment claims, retaliatory discharge claims, breach-of-contract claims, and whistleblower claims. He is a member of the State Bar of New Mexico, State Bar of Texas, Albuquerque and American bar associations, New Mexico Defense Lawyers Association, and Society for Human Resource Management (SHRM). Mr. Smith is admitted to practice in New Mexico and Texas; and before the U.S. District Court District of New Mexico and U.S. Court of Appeals Tenth Circuit. He earned his B.A. degree, magna cum laude, from Texas Christian University and his J.D. degree, summa cum laude, from the University of New Mexico School of Law, Albuquerque, New Mexico.

Speaker bio
Lauren M Bridenbaugh

Lauren M. Bridenbaugh

Littler Mendelson P.C.
Lauren Bridenbaugh

represents employers in a wide variety of employment law matters from front-end compliance to litigation. She focuses on providing employers with sound legal advice, while addressing the practical business implications of regulatory compliance. Ms. Bridenbaugh has also developed and honed skills in conducting internal investigations for clients regarding a myriad of issues. She advises and represents employers with respect to such varied issues as discrimination and harassment; religious and disability accommodation; noncompetition, nonsolicitation, and nondisclosure litigation; whistleblower and retaliation investigations and litigation; OSHA inspection and enforcement actions; and business torts, including defamation, breach of fiduciary duties, conspiracy and other business competition issues. Ms. Bridenbaugh’s practice resides in the Virginia, Washington, D.C. and Maryland region, but she counsels clients across the country, including in California, New York and Texas among others. She was also a key founding member of the firm’s COVID-19 Task Force and is an active member of its COVID-19 Vaccine Working Group. Prior to joining Littler, Ms. Bridenbaugh practiced at a large multipractice firm in Washington D.C., as well as a law firm in Virginia where she represented employers in matters arising under the Defense Base Act (DBA), among other federal statutes. While an attorney within the U.S. Department of Labor, she wrote decisions and orders for the Office of Administrative Law Judges under a number of federal employment and labor statutes including whistleblower complaints and appeals related to Permanent Alien Labor Certification (PERM). During law school, Ms. Bridenbaugh interned with the U.S. Department of Labor, Equal Employment Opportunity Commission, a large multipractice firm in Richmond, Virginia and a county attorney’s office in Hampton Roads, Virginia. Prior to beginning her legal career, she worked for a multiclient government relations firm in Lansing, Michigan, representing national and state entities before the Michigan Legislature on matters relating to higher education, energy, criminal justice reform, workforce development, health care, infrastructure and more.

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