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Overview
A Step-by-Step Guide to Conducting a Legally Compliant Workplace Investigation
When it comes to workplace investigations, you need to handle each step of the process with care to mitigate litigation risks. Do you have the information you need to conduct a sound investigation without opening yourself up to liability? In this focused course, our experienced faculty walk you through everything from determining who should lead the investigation and managing interviews to disciplining employees and handling whistleblower allegations. Register today!
- Stay informed of emerging trends and case law developments.
- Develop strategies for planning the investigation.
- Analyze best practices for safeguarding attorney-client privilege throughout the investigation.
- Unearth tips for gathering interview materials.
- Uncover practical guidance for using investigative results for termination decisions.
Abbreviated Agenda
- Case Law Developments, Hot Topics, and Emerging Trends in Workplace Investigations
- Planning the Investigation: Legal Best Practices
- Best Practices for Preserving Attorney-Client Privilege and the Work-Product Doctrine During the Investigation
- Conducting the Workplace Investigation: Legal Essentials
- Handling DOL and EEOC Investigations: Plaintiff and Defense Perspectives
- Using the Results of the Investigation for Disciplinary Actions and Termination Decisions
- Ethical Issues
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Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| Alaska CLE |
|
6 Total |
| Alabama CLE |
|
6 Total |
| Arkansas CLE |
|
6 Total |
| Arizona CLE |
|
6 Total |
| California CLE |
|
6 Total |
| Colorado CLE |
|
7 Total |
| Connecticut CLE |
|
6 Total |
| Delaware CLE |
|
6 Total |
| Florida CLE |
|
7 Total |
| Georgia CLE |
|
6 Total |
| Hawaii CLE |
|
6 Total |
| Iowa CLE |
|
6 Total |
| Idaho CLE |
|
6 Total |
| Illinois CLE |
|
6 Total |
| Indiana CLE |
|
6 Total |
| Kansas CLE |
|
7 Total |
| Kentucky CLE |
|
6 Total |
| Louisiana CLE |
|
6 Total |
| Maine CLE |
|
6 Total |
| Minnesota CLE |
|
6 Total |
| Missouri CLE |
|
7.2 Total |
| Northern Mariana Islands CLE |
|
6 Total |
| Montana CLE |
|
6 Total |
| North Carolina CLE |
|
6 Total |
| Nebraska CLE |
|
6 Total |
| New Hampshire CLE |
|
6 Total |
| New Jersey CLE |
|
7.2 Total |
| New Mexico CLE |
|
6 Total |
| Nevada CLE |
|
6 Total |
| New York CLE |
|
7 Total |
| Ohio CLE |
|
6 Total |
| Oklahoma CLE |
|
7 Total |
| Pennsylvania CLE |
|
6 Total |
| Rhode Island CLE |
|
7 Total |
| South Carolina CLE |
|
6 Total |
| Tennessee CLE |
|
6 Total |
| Texas CLE |
|
6 Total |
| Utah CLE |
|
6 Total |
| Virginia CLE |
|
6 Total |
| Vermont CLE |
|
6 Total |
| Washington CLE |
|
6 Total |
| Wisconsin CLE |
|
7 Total |
| West Virginia CLE |
|
7.2 Total |
| Wyoming CLE |
|
6 Total |
| Arizona CPE for Accountants |
|
7 Total |
| New York CPE for Accountants |
|
7 Total |
| Washington CPE for Accountants |
|
7 Total |
| Wisconsin CPE for Accountants |
|
7.2 Total |
| HRCI |
|
6 Total |
| CPE for Accountants/NASBA |
|
7 Total |
| SHRM CP/SCP |
|
6 Total |
Select Jurisdiction
CLE
Other
Agenda
-
Case Law Developments, Hot Topics, and Emerging Trends in Workplace Investigations
-
Planning the Investigation: Legal Best Practices
- Handling Internal Complaints: Key Steps to Take
- Determining Whether a Workplace Investigation Is Necessary
- Guidelines for Determining Who Should Conduct the Investigation
- Managing Investigation Costs
-
Best Practices for Preserving Attorney-Client Privilege and the Work-Product Doctrine During the Investigation
- The Attorney's Role in the Investigation
- Business Advice vs. Legal Advice
- Scope of Attorney's Duties for Company
- Investigating Complaints vs. Litigating Complaints
- Third-Party Consultants: Functional Equivalents of Employees?
- Documenting and Interviewing Dos and Don'ts
-
Conducting the Workplace Investigation: Legal Essentials
- Useful Tips for Gathering Documents and Interview Materials
- Practical Guidance for Conducting Interviews
- Leaving a Paper Trail: Why It Matters
- Best Practices for Creating the Final Investigative Report
- Investigation Errors to Avoid at All Costs
-
Handling DOL and EEOC Investigations: Plaintiff and Defense Perspectives
- Putting Effective Policies in Place to Prevent EEOC Investigations
- Properly Following Administrative Proceedings
- Essentials of Documenting and Investigating EEOC Complaints
- Raising EEOC Claims: Enhanced Internal Processes
- Tips for Handling EEOC Complaints and Drafting Position Statements
- How to Respond to an Agency's Request for Information
-
Using the Results of the Investigation for Disciplinary Actions and Termination Decisions
- Timing Considerations
- Performance Improvement Plans (PIPs): Drafting and Implementation Essentials
- Conducting the Disciplinary or Termination Meeting: What You Need to Know and Do
- Handling Whistleblower Allegations
-
Ethical Issues
- Rules of Professional Conduct
- Conflicts of Interest
- Confidentiality
- Attorneys' Fees
Who Should Attend
This program is designed for attorneys. HR professionals, accountants, and paralegals may also benefit.
Speakers
Speaker bio
Casey S. Erick
is a partner with Lewis Brisbois Bisgaard & Smith LLP and a member of the Labor and Employment practice. He focuses on commercial litigation and employment law. Mr. Erick has represented clients in both litigation and transactional matters that span across commercial law, labor and employment, real estate, consumer protection, and general litigation; including, but not limited to breach of contract, corporate trade secret theft, tortious interference, defamation, personal injury, fraud, and various other kinds of civil litigation. He is a member of the State Bar of Texas and Dallas Bar Association, and is board-certified in civil trial law. Mr. Erick earned his B.A. degree, cum laude, from the University of Mississippi and his J.D. degree from Baylor School of Law.
Speaker bio
Mia C. Larson
is an attorney with Dinsmore & Shohl LLP where she focuses her practice on labor and employment law. She has experience defending management in employment discrimination litigation, drafting and negotiating employment contracts and severance agreements, handling administrative claims, ensuring compliance with federal and state wage and hour laws, providing in-house training for supervisors, and representing management in labor and employment arbitrations. Ms. Larson earned her B.A. degree in Economics from the University of Florida and her J.D. degree (Florida Moot Court Team, Florida Journal of Law and Public Policy) from the University of Florida Levin College of Law. She is admitted to practice in Florida and Ohio.
Speaker bio
Nathan Wesely
is of counsel at Martin, Disiere, Jefferson & Wisdom, LLP. He is board-certified in labor and employment Law by the Texas Board of Legal Specialization. Mr. Wesely handles labor and employment disputes, and advises clients on compliance issues. He has extensive experience in labor negotiations, including Federal Mediation and Conciliation Service training on interest based bargaining. As in-house counsel and president of a trade association, Mr. Wesely conducted arbitrations and grievance hearings in a union setting and handled all aspects of the Association's litigation. He earned his B.S.I.E. from the University of Nebraska, and his M.B.A. and J.D. degrees from the University of Texas at Austin. Mr. Wesely is admitted to practice law in Texas, Louisiana, and before the U.S. District Court; Northern, Southern, Eastern and Western districts of Texas; Eastern, Middle, and Western districts of Louisiana; U.S. Court of Appeals, Fifth Circuit; U.S. Supreme Court, and US Patent and Trademark Office.
Speaker bio
David Gabor
is a partner with The Wagner Law Group where he focuses his practice in human resources consulting; which includes drafting policies, negotiation of contracts, training employees, representing employers during audits, and overseeing ADA compliance for websites. Mr. Gabor handles litigation in federal and state courts and at arbitrations in issues arising out of the employer-employee relationship. He also maintains an appellate practice. Mr. Gabor is a member of multiple professional organizations, including the New York State and Massachusetts bar associations, Northeast Human Resources Association, Society for Human Resource Management, and Labor and Employment Law Committee. He earned his B.A. degree from the University of Michigan and his J.D. degree from Touro College Jacob D. Fuchsberg Law Centre.
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