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Advanced Internal Investigations Certificate Program
Seminar: ID# 1004013
Agenda
DAY ONE
Module 1: Common Mistakes In Internal Investigations
Review court cases that were painful lessons for employers
Identify key strategies for how to avoid making the same mistakes
Module 2: Regulatory Areas That Affect Internal Investigations
EEOC's Strategic Enforcement Plan and targeted enforcement efforts
The EEOC’s latest investigative strategy
Latest issues regarding background investigations
Identify how to avoid discrimination claims when conducting background investigations
National Labor Relations Act
Latest issues involving the NLRB
Social Media, Section 7, and "Concerted Activities"
Investigations and confidentiality
Recording in the workplace
Weingarten rights: investigative interviews and disciplinary meetings
Module 3: Launching An Investigation: Crucial Steps To Working A Good Case
Review of “Investigation Don’ts”
Assessing the case type: EEO, Theft, Misuse of Assets, Safety, Ethics, Conflict of Interest, and Regulatory Compliance
Establishing roles and responsibilities to minimize political interference
Identifying Resources: Internal vs. External?
Determining when to get legal counsel involved
Identifying when an investigator must recuse him/herself from a case
Module 4: Building Consistency In The Investigative Process
Implementing standard protocols and preparation steps
Preparing for interviews: developing interview question templates
Documenting complaint intake
Documenting conversations and witness statements
Maintaining an evidence log and chain of custody
Documenting investigator case notes
Reviewing best practices for case management and evidence storage
Preparing formal investigation reports with evidence exhibits
Module 5: Foundation For Conducting Investigations: Overview Of Federal Labor And Employment Laws
Review of Title VII of the Civil Rights Act and anti-discrimination laws
Employer obligations regarding when and how to conduct investigations
Harassment: Quid Pro Quo and Hostile Work Environment
Review of other laws that can come into play when conducting internal investigations
Identifying when remedial action steps are necessary
Review of current retaliation cases - and staggering employer costs for punitive damages
Minimizing retaliation claims before, during, and after an investigation
Interactive Exercise:
We Just Received an EEOC Charge for Racial Discrimination…Now What?
DAY TWO
Module 6: Strategies For Evidence Collection And Preservation
Working with IT in Collecting Digital Evidence
Internet log / Virtual Private Network (VPN)
Surveillance systems
Phone records
Employee access card records
Electronic messages
Social media
Identifying and Collecting Open Records Evidence
County courthouse records
Online information services
Best Practices in Identifying, Collecting, and Preserving Physical Evidence in the Workplace
Preventing evidence tampering
Preserving and safeguarding evidence that has been collected
Handling and disposal of dangerous or illegal drugs and weapons
Module 7: Identifying And Investigating FMLA Leave Abuse
The Family & Medical Leave Act
Continuous & Intermittent leave – identifying the “red flags” of abuse
Evaluating the trends in FMLA Abuse
The headaches of Intermittent Leave abuse: "Monday-Friday Migraines"
Episodic conditions and fact patterns
Identifying suspicious "needing to care for" leaves
Strategies for Preventing FMLA Abuse
Conducting case audits
Implementing process improvement for managing intermittent and continuous leave
Implementing case management solutions
Integrity and fraud prevention orientations
Interactive Exercise:
Best Practices for Catching an FMLA Abuser
Module 8: Investigating Work-Related Injuries And Workers’ Compensation Fraud
Occupational Safety & Health Act
Workplace violence as a "recognized hazard" under General Duty Clause
Restraining orders to minimize the risk of workplace violence
Legalization of marijuana and the "Patchwork Quilt" of state laws
Emerging issues in employee substance abuse and drug testing
Conducting Substance abuse investigations
Workers Compensation Fraud – “Fraudsters in Action”
Strategies for Preventing and Investigating Workers Compensation Fraud
Interactive Exercise:
Investigating Possible Substance Abuse in the Workplace
Module 9: Advanced Techniques For Developing, Acquiring, And Documenting Testimonial Evidence
Preparation strategies for conducting witness interviews
Examine the Bulls Eye technique for investigative interviewing
Develop interview questions and strategy
Establishing timelines to identify fact patterns
Establish security protocols for investigative interviews
Module 10: Best Practices For Writing An Investigative Report And Closing Out A Case
Using standardized formats that are "court ready"
Timesaving Best Practices: headers, footers, drop-downs, appropriate stamps
Preparing investigation reports for outside parties to understand
Eliminating opinion and bias from the report
Incorporating of electronic evidence into reports without creating challenges
Preserving documents post-investigation for unemployment hearings, arbitration hearings, insurance claims, and litigation
Mock Investigation: Working a "Day in the Life of an Investigator"- Investigating a Possible Code of Business Conduct and Ethics Violation and Retaliation
Action Steps Beyond the Program
Program Wrap-Up
Order:
Advanced Internal Investigations Certificate Program
Pricing: $1,495.00
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