Investigating Workplace Complaints: How to Avoid Common Mistakes

Are you prepared to conduct a proper investigation? Will that investigation be objective or show bias, even implicit bias? Will it respect the rights of both employees and employer, and do you know what those are? Or will it make an otherwise good case bad by committing some of the more common mistakes?

Learn the answers to all these questions and more so you can be prepared to avoid the common mistakes of others and make sure your next investigation is as professional as possible.

Areas Covered

• Why we investigate.
• Role of objectivity (Internal v External investigator)
• Best investigative practices/Interview Techniques (Use of “Yes” or “No” questions Single v multiple sessions, etc.)
• Documenting the investigation
• Standards/models of proof
• Title VII and related investigations.
• Misconduct investigations.
• Avoiding legal minefields when investigating (Negligent Investigation, Interference with contractual obligations, Loudermill Rights, Weingarten Rights, Violation of Public Policy, False Light, Defamation, False Imprisonment. Intentional Infliction of Emotional Distress, Negligent Infliction of Emotional Distress, Searches, and Monitoring/Surveillance) 

Learning Objectives

Attendees will learn:

• Their role/function in an investigation.
• The role of objectivity (Internal v External investigator)
• How to employ the benefits of multiple interview techniques.
• The proper application of “Yes” and “No” Questions.
• The use of single v multiple sessions (for the subject of the investigation and witnesses).
• How to document the investigation from complaint to conclusion.
• The standards/models of proof and when/how to apply them.
• The two major types of workplace investigations (Title VII and Misconduct)
• How to avoid legal minefields when investigating (Negligent Investigation, Interference with contractual obligations, Loudermill Rights, Weingarten Rights, Violation of Public Policy, False Light, Defamation, False Imprisonment. Intentional Infliction of Emotional Distress, Negligent Infliction of Emotional Distress, Searches, and Monitoring/Surveillance) 

Who Should Attend

All level Managers, Supervisors, Human Resources, Employee Relations, Ombudsperson, Ombuds, Labor Relations, Attorney’s, and Union Officers/Representatives/Stewards, all levels of Law Enforcement or Security staff. 

Speaker(s)

Bob Oberstein

Bob Oberstein is uniquely qualified with over 48 years of Labor Relations experience on both sides of the table in both the private and public sectors and is the recipient of the Federal Mediation and Conciliation Service Director's Award for lifetime achievement in promoting positive Labor Management Relations. Bob also was the Director of the Labor Management Relations BA and certificate programs at Ottawa University, Phoenix where he also developed and taught Labor Relations and Human Resources related courses on both the graduate and undergraduate levels. Bob has several published articles to his credit in addition to his arbitration awards and has also been recognized in Who’s Who Among America’s Teachers. Additionally, Bob has served on several boards and commissions and panels where he participated in resolving or adjudicating all manner of workplace issues in a variety of industries. Moreover, Bob also holds a Master of Jurisprudence in Labor and Employment Law from Tulane University's School of Law. Bob has and continues to serve the labor management community as well as other groups as an Arbitrator, Mediator, Facilitator, Investigator, Trainer and Educator.

CEUs

The use of this seal confirms that this activity has met HR Certification Institute’s® (HRCI®) criteria for recertification credit pre-approval.

Credits: 1.5

Compliance Prime is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for PDC(s) for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org

Credits: 1.5

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