The Best Defense to Employment Law Claims: Good Investigations

December 12, 2017

Please join Dykema for a discussion on one of the most complex human resources topics: conducting investigations. 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 and to mitigate legal risks. Starting with this premise, this webinar will cover 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 in a legal claim, by effectively documenting the investigations and related results.

The discussion will also include 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. Additionally, the speakers will discuss how to handle problematic scenarios, such as how to manage uncooperative employees, what to tell an employee accused of unacceptable behavior, how to handle complaints against a high level executive and more.

Additional topics will include:

  • How to draft witness statements so they do not become a plaintiff’s exhibit in a legal claim
  • How much of an investigation should be shared when fighting an unemployment claim
  • When to use an independent investigator
  • Requests for confidentiality
  • Where should 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

Tuesday, December 12, 2017
1:00 p.m. – 2:00 p.m. EST

Speakers: Daniel R. Stern, Member, San Antonio; Rea K. Ferandez, Associate, San Antonio

Click here to register

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. Please contact Sarah Minjoe at with questions.