The Best Defense to Employment Law Claims: Good Investigations

November 3, 2017

This workshop will be a moderated discussion regarding conducting effective workplace investigations. The one thing that is clear about employment law claims and issues, is that nothing is clear. One method to help clarify rights and obligations when workplace problems are encountered, is to conduct a fact-based investigation in such a way to allow you to make sound employment decisions. Starting with this premise, we will review the who, what, where, when, why, and how of workplace investigations, including who should conduct the investigation, what information should be considered, when investigations must be conducted, where these investigations should take place, why conducting a proper and thorough investigation is important, and how to make sure your documents don’t become the employee’s exhibits, by effectively documenting the investigations and related results. 

The panel will also discuss the major mistakes that we commonly see employers make during investigations, including some that ended up creating a legal claim where none existed before the investigation began. The panel will also provide insight on how to handle problematic scenarios, such as managing uncooperative employees, what to tell an employee accused of unacceptable behavior, how to handle complaints against a high level executive and more. 

More topics that will be covered in the workshop are:

  • Drafting witness statements so they do not become a plaintiff’s exhibit
  • How much of an investigation should be shared when fighting an unemployment claim
  • When should you use an independent investigator
  • Requests for confidentiality
  • Where should the investigation results be filed
  • What does the EEOC says about investigations
  • How to train internal resources on investigating reports of improper treatment
  • What, if any, warnings must be given to employees involved in an investigation
  • What right, if any, do employees have to refuse to participate in an investigation

Speakers: Donna K. McElroy, Member, Dykema Cox Smith; Daniel R. Stern, Member, Dykema Cox Smith

(Speakers are Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization)

Moderator: Rea K. Fernandez, Associate, Dykema Cox Smith

Friday, November 3, 2017
Two session times offered: 7:30 a.m. – 9:00 a.m. or 12:00 p.m. – 1:30 p.m.

Dykema Cox Smith
Weston Centre
112 E. Pecan Street, Suite 1800
San Antonio, TX 78205

Click here to register

Parking: Complimentary guest parking is available only in the Upper Level Parking Garage of the Weston Centre accessible from Soledad Street. Parking ticket will be validated at the event.  

Please contact Donna Rogers at 210.554.5467 or if you have questions.

CLE accreditation is anticipated for California, Illinois and Texas. We provide Uniform Certificates of Attendance and jurisdiction-specific information for those licensed in other jurisdictions.