Internal Investigations of Employee Complaints and Misconduct: Mitigating Risks of Expanded Whistleblower Laws
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Employment and Workers Comp
- event Date
Wednesday, January 12, 2022
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will prepare employment attorneys to counsel clients on legal and practical approaches to planning, conducting, and documenting internal investigations of employee complaints and suspected employee misconduct. The panel will guide how to properly and effectively conduct workplace investigations that minimize liability exposure and litigation risks.
Ms. Gramigna is an attorney and founder of Tribu Partners LLC, a law firm dedicated to workplace investigations. She has over thirty years of legal and investigative experience. Ms. Gramigna has conducted hundreds of independent investigations for leading organizations. Clients have included Fortune 500 companies in the professional, pharmaceutical, financial, healthcare, and manufacturing industries, as well as professional firms, not for profit organizations, educational institutions, and
public entities, such as law enforcement and city council. She is a former member of the Board of Directors of the Association of Workplace Investigators (AWI), a professional organization which promotes the impartiality and integrity of
workplace investigations. AWI has chapters in Canada, Australia, and members throughout the United States. Ms. Gramigna has been selected to serve several times as full-time faculty for the AWI Institute, a five-day program for workplace investigators. She is a member the Society of Independent Workplace Investigators (SIWI), an association comprised of experienced attorneyinvestigators who have worked together to establish a published Code of Ethics. Ms. Gramigna has earned a designation as Senior Professional in Human Resources (SPHR), a certification for those who have demonstrated a strategic mastery of the HR body of knowledge, and she also holds the designation of Association of Workplace Investigators Certificate Holder
(AWI-CH).
Mr. Stern devotes a significant portion of his practice to representing businesses in employment-related matters, both as an advisor and litigator. He regularly advises companies on strategic matters involving employment policies, procedures, and practices, such as trade secret protection programs, wage/hour practices, bonus, and other compensation programs, social media risks, and independent contractor relationships. He also regularly helps businesses manage individual circumstances that arise on a day to day basis, such as employment terminations, separation agreements, employment agreements, leave requests, employee discipline, requests for reasonable accommodations, and investigations. With respect to adversarial matters, Mr. Stern has defended employers against claims involving Title VII, ADEA, ADA, FMLA, SOX, FLSA, NDAA, IRCA, and other similar federal and state statutes, as well as various torts. Mr. Stern has appeared before the EEOC, DOL, and comparable state and local government agencies, as well as the United States Department of Justice.
Ms. Seidel has conducted more than 80 investigations involving allegations of discrimination based on race, gender, age, sexual orientation, and religion as well as allegations of sexual assault, sexual harassment, retaliation, bullying, and other misconduct. More than 30 of her investigations have included allegations reported against high-level executives and elected officials.
More and more employers are conducting internal investigations of suspected employee misconduct as employee retaliation claims soar and the EEOC continues its focus on systemic discrimination. A thorough and effective internal investigation of an employee complaint can help a company avoid costly and protracted litigation and lay the groundwork for a successful defense if a lawsuit is filed.
Missteps in internal investigations are common and can expose an employer to costly liability and increase the risk of running afoul of expanding whistleblower protection laws. Common mistakes include failing to investigate, using biased investigators, minimizing employee complaints, suspicious timing, lack of consistent responses, and taking remedial measures.
Listen as our panel of employment attorneys explains how to conduct effective internal investigations of discrimination, retaliation, harassment, and other workplace claims to minimize litigation risks for a company.
- Pre-investigation strategies
- Conducting the investigation
- Post-investigation strategies
- Litigation considerations
The panel will review these and other key issues:
- What are some best practices for minimizing the risk of litigation when planning, conducting, and documenting internal investigations?
- What timing issues are likely to raise courts' suspicions?
- How can employers avoid involving biased investigators in internal investigations?
- How should employers respond to suspicions of misconduct absent an employee complaint?
- What remedial measures should employers take following an internal investigation?
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