Employment Breakfast - Do You Know How to Conduct a Lawful and Effective Workplace Investigation?

Presentation Materials

• Handout - Model Format for Workplace Investigation Report

• Audio

Properly conducted, a workplace investigation can arm the employer with the facts needed to resolve an issue that carries serious legal and financial risks. Where litigation ensues, a well-crafted investigation can provide the foundation for a successful defense. Mishandled, workplace investigations can become the source of liability, causing the employer to be on the losing end of a lawsuit.

On June 14, Meg LePage (since retired partner) led an informative discussion on handling workplace investigations, including the following topics:

• When an employer should initiate an investigation
• Understanding the purpose(s) of the investigation before you start, including the decisions the investigation will need to support and the persons who will have to make them
• When should legal counsel be involved and should the investigation be conducted under the auspices of the attorney client privilege
• Defining the scope of the investigation and drafting the charge to the investigator
• Implementing interim measures pending investigation
• Best practices in witness questioning
• Investigation techniques to avoid
• Making credibility determinations while avoiding implicit bias
• Legal limitations on who can conduct workplace investigations
• Writing an effective investigation report