Liability
Prevention and Management: How
to Conduct Internal Misconduct Investigations
Why Train on This Topic?
From a juror perspective, actual
or alleged misconduct is the beginning of the story. What the
company did - or failed to do - in response can significantly
exacerbate, or reduce, juror anger and legal liability. Human
resource professionals are in the line of fire when it comes
to investigating and resolving employee misconduct complaints.
This course provides you with the tools you need to navigate
your way through competing interests, confusing facts, and challenging
communication.
Length of Training: 1 to 3 days, depending upon experience
and needs of HR staff
Why Use Us: Because effective misconduct investigations
require interpersonal skills as well as step-by-step legal guidance.
This program is the only one we know of jointly developed by a
clinical psychologist and a labor law attorney. This dual expertise
allows us to address liability issues while simultaneously helping
the human resource professional effectively defuse the emotions,
communicate clearly and avoid the interpersonal mistakes that all-too-often
sabotage a technically-proficient investigation.
Does your human resource staff need this training? Consider
the following scenarios and the questions that follow it.
| Sample Scenario: During the course of your interview
with the complainant, she asks you for a copy of your interview
notes. What should you do? |
| Sample Scenario: The
fiancée of an employee
calls you because the employee has complained to him on numerous
occasions about the inappropriate touching of her supervisor,
Mel. The fiancé also works at your company (although
at a different department) and he is very upset by this. He
says that his fiancé did not want him to contact you
but he is tired of how stressed she has become about going
to work. Start the conversation with the fiancé from
this point. |
- How do I strategically
investigate "he said/she said" allegations
where there are no eyewitnesses?
- What techniques and questioning strategies can I use to determine
if a witness is lying?
- How do I prevent the perception of retaliation?
- 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 should you do if someone comes to you with new information
after you've reached a decision and acted on it?
Does your human resource staff know the answers to the above
questions? Call us at 858-481-8625 and we'll guarantee your staff:
- Develops the practical and interpersonal skills to investigate
allegations of harassment, discrimination, theft, and other employee
misconduct.
- Understands how to balance the rights of the complainant and
the accused while protecting the interests of your organization
- Knows how to effectively interview witnesses
- Has the tools to make credibility determinations
- Understands how to appropriately document your findings
Need
harassment/discrimination prevention training for your organization?
Check out our award-winning Appropriate
Workplace Behavior course
for managers and employees. |
