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7 Steps to Investigate Alleged Employee Misconduct Seminar
Writing Comprehensive Investigative Reports Workshop
7 Steps to Investigate Alleged Employee Misconduct Seminar
To view a 5-minute seminar demo for free, click here.
In this step-by-step seminar, you will learn practical skills for investigating allegations of harassment, discrimination, theft, and other employee misconduct. You will learn how to balance the rights of the complainant and the accused while protecting the interests of your organization. You will leave the seminar more confident in your ability to effectively interview witnesses, make credibility determinations, and appropriately document your findings.
Advanced Investigative Techniques
- How do I strategically investigate "he said/she said" allegations where there are no eyewitnesses?
- How do I interview witnesses using the "Funnel Method" to gather all relevant information?
- What techniques and questioning strategies can I use to determine if a witness is lying?
- Should I tape-record or allow the witness to tape-record the interview?
- How much detail about witnesses' statements must I give the accused?
- What are the rules for searching an employee's workspace, computer, or personal belongings?
- What should I do if the accused brings an attorney, co-worker, or friend to the investigative interview?
- Are there restrictions on my ability to discipline employees for discussing the investigation with others?
- How do I respond if the accused asserts that he or she has a Fifth Amendment "right to remain silent"?
- How much detail about the results of the investigation should I give the complainant and the accused?
- What is the appropriate standard of proof for imposing discipline?
- What should I include and not include in the report?
- How do I document my factual findings and credibility determinations?
- How do I avoid defamation, due process, and discrimination lawsuits from the accused?
- What if I mistakenly discipline an innocent person?
Investigations Manual
Each attendee will receive a comprehensive, step-by-step Investigations Manual ($189 value) to use as a guide for future investigations.
Additional Information
You may listen to the complete investigations seminar by accessing the previously-recorded seminar video. To view a demo, click here.
To purchase the seminar video, click here.
Click here for dates and registration information.
We also are available to provide this seminar on-site at your organization's location.
View a detailed course outline
Writing Comprehensive Investigative Reports Workshop
New in 2008, Brightline is pleased to present Writing Comprehensive Investigative Reports. This workshop will provide attendees with practical tips for writing an effective and comprehensive report to document the investigation of alleged employee misconduct; it was developed based on requests from investigations seminar clients. They report that even their best investigators are significantly challenged by the written investigative report requirement and the resulting work product often does not reflect the good practice of the investigation process.
Employers have a legal duty to investigate allegations of certain types of misconduct, including but not limited to harassment and discrimination based on federal or state protected characteristics, and violations of certain state and federal statutes. Enforcement agencies have set strong expectations on ethical grounds for organizations to investigate suspected misconduct, even where there are no legal duties.
- An effective investigation may stop improper conduct and prevent future harm to the organization and its employees. Failure to stop improper conduct can result in the employer being sued for negligent retention and negligent supervision, among other legal claims.
- An effective investigation provides a sound foundation for taking disciplinary action, if necessary. An effective investigation also shows the complaining person that you take his or her concerns seriously, which may lessen the likelihood that he or she will file a charge with the EEOC or a lawsuit.
- An effective investigation also shows external monitors, such as regulatory agencies and stakeholders, that the organization is serious about preventing and correcting misconduct.
- An effective investigation allows an employer to avoid or minimize liability for some types of employee misconduct, such as harassment claims, even if the alleged misconduct actually happened. It also can avoid the disruption in the workplace caused by litigation.
In this highly interactive workshop, attendees will learn how to efficiently and effectively write "bullet-proof" investigative reports. Among other things, attendees will learn:
- How to sift through the relevant evidence
- What to include and not include in the report
- Essential sections of the report
- Principles of clear and concise summaries
- How to properly document credibility determinations
- How to compile exhibits
- What to include and not include in the investigative file
- Privilege and confidentiality designations
- Who should see the report
- How to retain the investigative file
View a detailed course outline