How to Conduct Workplace Investigations: Managing Complaints of Employee Misconduct
Pre-Investigation Considerations, Witness Selection, Interview Preparation, Confidentiality and Privilege
About the Course
Introduction
This CLE webinar will guide new employment attorneys through the process of conducting workplace investigations into alleged employee misconduct including harassment and discrimination. The panel will address pre-investigation considerations, offer best practices for conducting interviews and making client recommendations, and discuss confidentiality and privilege issues.
Description
When an employer client receives a complaint of potential employee misconduct, such as sexual harassment, discrimination, or retaliation, counsel should know how to guide the employer through the investigation process and/or how to conduct the investigation to determine the employer's potential liability exposure and be able to offer recommendations on possible corrective action.
New attorneys must become familiar with the workplace investigation process—from the initial fact-finding conversation with the client, to establishing the scope of the investigation and selecting key witnesses, to drafting the investigation report and recommendations. Additionally, counsel should understand privilege and confidentiality considerations when conducting investigations.
Listen as our expert panel guides new employment attorneys through the process of conducting workplace investigations. The panel will offer best practices and discuss pitfalls to avoid.
Presented By
Mr. Rhodes is an accomplished civil litigator, and a leading business and employment lawyer. In his over 22 years of practice, he has litigated in courts around the country. Admitted in Virginia, Maryland, and Washington, D.C., Mr. Rhodes advises companies and executives, representing them in the structuring, drafting, and defending of their corporate transactions and employment practices to help accomplish their business goals. He has received the highest AV Peer Review Rating from Martindale-Hubbell for Ethical Standards and Legal Ability. Mr. Rhodes is also recognized as one of the top employment lawyers in Northern Virginia. His practice focuses on employment disputes in the areas of non-competes, compensation, wage and hour, discrimination, harassment, retaliation, wrongful discharge, whistleblower, severance, and benefits issues. Mr. Rhodes also represents federal employees in Equal Employment Opportunity, retaliation, and whistleblower claims.
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This 60-minute webinar is eligible in most states for 1.0 CLE credits.
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Date + Time
- event
Wednesday, January 20, 2027
- schedule
1:00 PM ET/10:00 AM PT
I. Introduction: when to conduct a workplace investigation
II. Pre-investigation considerations
A. Identifying the scope of the investigation
B. Initial client information gathering
C. Managing employee issues during the investigation (e.g., when the alleged harasser is the supervisor/manager)
III. Identifying key witnesses
IV. Interview preparation
V. Confidentiality and privilege considerations
A. Upjohn warning
B. Documentation
VI. Conducting interviews and evaluating evidence
VII. Drafting investigation reports and recommendations
VIII. Best practices and pitfalls to avoid
The panel will review these and other important considerations:
- When is a workplace investigation necessary?
- How should counsel determine the scope of the investigation? Select key witnesses?
- What are best practices for interviewing witnesses and evaluating evidence?
- What confidentiality and privilege considerations should counsel be aware of when conducting workplace investigations?
Related Courses
How to Conduct Workplace Investigations: Managing Complaints of Employee Misconduct
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Mitigating Risk of Employee AI Use in the Workplace: Key Considerations for Policy Development; Pitfalls to Avoid
Wednesday, January 6, 2027
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