Conducting an Internal Workplace Investigation From A to Z

Agenda / Content Covered

All times are shown in Eastern time

1. Guidelines for Handling Internal Formal Complaints
   10:00 - 11:00, Steven E. Clark
   1. Key Laws to Know
   2. Employee Rights and Obligations
   3. Filing of the Complaint
   4. Timing of the Investigation: Why It Matters
   5. Following the Internal Formal Complaint Process and Procedures (With Sample Checklist)
2. Primer on Preserving Privilege and the Work-Product Doctrine During the Investigation
   11:00 - 12:00, Steven E. Clark
   1. The Role of the Attorney in the Investigation
   2. Legal Advice vs. Business Advice
   3. Scope of the Investigation
   4. Who Can (and Needs to) Know About the Investigation
   5. Third-Party Consultants: Functional Equivalents of Employees?
   6. Handling Document Retention and Privacy Issues
   7. Navigating International Issues: Attorney-Client Privilege in Other Countries, Language Barriers, etc.
3. Strategies for Conducting and Documenting the Investigation
   12:15 - 1:15, John F. Kuenstler
   1. Top Planning Considerations: Preparing Questions, Choosing an Interview Space, etc.
   2. Reducing Claims of Bias or Unfairness
   3. Identifying Witnesses and Conducting Interviews
   4. Dealing With Difficult Interviewees: Practical Techniques for Gaining Cooperation
   5. Collecting, Organizing, and Preserving Evidence
   6. Writing the Investigative Report: Dos and Don'ts (With Examples)
4. Communicating the Investigative Findings With the Accused and the Complainants
   1:45 - 2:15, J. Gregory Grisham
5. Disciplinary Actions and Terminations: Avoiding Legal Landmines
   2:15 - 2:45, J. Gregory Grisham
6. Examining the Investigation Results and Mitigating Litigation Risks
   3:00 - 4:00, J. Gregory Grisham
   1. Potential Risks
      1. Retaliation
      2. Hostile Work Environment Claims
      3. Wrongful Discharge
      4. Constructive Discharge
      5. Discrimination Claims
      6. Potential for Employment-Related Class Action Suits
   2. How Plaintiff Attorneys Spot Investigation Cracks - And Make Them Bigger
   3. Tips for Minimizing Litigation Risks
7. Ethical Dilemmas
   4:00 - 5:00, John F. Kuenstler
   1. Professional Conduct
   2. Confidentiality
   3. Representational Issues
   4. Conflicts of Interest
   5. Attorneys' Fees

Accreditation Details:

STEVEN E. CLARK is the senior partner and founder of Clark Firm PLLC, where he concentrates his practice on business formation, contractual agreements and advice, business and commercial litigation, employment and labor law, general civil litigation, healthcare and construction. Mr. Clark has lectured and written on subjects such as choice of business entity considerations, trade secrets, non-competition agreements, partnerships, construction law, employment law, the Family and Medical Leave Act (FMLA), and the Fair Labor Standards Act (FLSA). He is also active in handling federal Department of Labor (DOL) and state (TWC) and health integrity/ZPIC audits/investigations of employers and small businesses, and defending related litigation. Mr. Clark is licensed to practice before U.S. Supreme Court; U.S. Court of Appeals, Fifth Circuit; Federal Circuit; and all federal and state courts in Texas. He earned his B.A. degree and J.D. degree, with honors, from the University of Houston.

J. GREGORY GRISHAM is of counsel in the Memphis office of Fisher & Phillips LLP. Mr. Grisham has 30 years of experience counseling and representing employers in all aspects of workplace law in Tennessee and across the United States. He has helped employers avoid claims, charges and lawsuits with a focus on preventative practices. Preventative practices include counseling in situations involving discipline, termination, demotion, promotion, and other workplace changes in the terms and conditions of employment, harassment investigations, wage and hour compliance, FMLA compliance, reasonable accommodation assessment, supervisor training, and the review of employment policies and procedures. Mr. Grisham has successfully litigated hundreds of administrative charges, employment lawsuits, and arbitration demands on behalf of employers, including federal and state law claims alleging discrimination, harassment, retaliation, wrongful termination, defamation, invasion of privacy, breach of contract, wage and hour violations, and ERISA violations, among others. He represents employers in the enforcement of post-employment restrictive covenants such as non-compete, non-solicitation and non-disclosure agreements, and related trade secret litigation. Mr. Grisham is a regular speaker at public seminars on workplace law issues and has authored numerous articles on a variety of labor and employment law related topics. He currently serves on the Executive Council of the Tennessee Bar Association’s Labor and Employment Law Section and is a board member of the Memphis Bar Association’s Labor and Employment Law Section. Mr. Grisham earned his B.S. degree from the University of Tennessee, his M.B.A. degree from the University of Mississippi, and his J.D. degree, with honors, from the University of Memphis.

JOHN F. KUENSTLER is a partner in the Chicago and Los Angeles offices of Barnes & Thornburg LLP and a member of the labor and employment department. He dedicates his practice exclusively to the representation of employers in labor and employment, and business matters. Mr. Kuenstler counsels and represents a diverse client base on a national and regional basis in virtually all aspects of labor and employment law, including defense of wrongful discharge, discrimination, sexual harassment, retaliation, Title VII, ADA, ADEA, Section 1981, FMLA, FLSA, ERISA, USERRA, WARN, and OSHA claims in federal and state courts and administrative agencies, as well as collective and class actions. He routinely represents management’s interests in workplace tort, breach of contract, non-compete, non-solicitation, and other restrictive covenant cases. Mr. Kuenstler is experienced in various forms of alternative dispute resolution, helping clients avoid the costs of prolonged legal disputes. He earned his B.A. degree from the University of Illinois and his J.D. degree from Washington University in St. Louis. Mr. Kuenstler is admitted to practice in the states of California, Illinois and Missouri. He is a member of the American and Chicago Bar Associations, Illinois State Bar Association, and the Society for Human Resource Management.