Agenda

1. Case Law Developments, Hot Topics, and Emerging Trends in Workplace Investigations

2. Best Practices for Preserving Attorney-Client Privilege and the Work-Product Doctrine During the Investigation

   1. The Attorney's Role in the Investigation
   2. Business Advice vs. Legal Advice
   3. Scope of Attorney's Duties for Company
   4. Investigating Complaints vs. Litigating Complaints
   5. Third-Party Consultants: Functional Equivalents of Employees?
   6. Documenting and Interviewing Dos and Don'ts

3. Conducting the Workplace Investigation: Legal Essentials

   1. Useful Tips for Gathering Documents and Interview Materials
   2. Practical Guidance for Conducting Interviews
   3. Leaving a Paper Trail: Why It Matters
   4. Best Practices for Creating the Final Investigative Report
   5. Investigation Errors to Avoid At All Costs

4. Planning the Investigation: Legal Best Practices

   1. Handling Internal Complaints: Key Steps to Take
   2. Determining Whether a Workplace Investigation Is Necessary
   3. Guidelines for Determining Who Should Conduct the Investigation
   4. Managing Investigation Costs

5. Handling DOL and EEOC Investigations: Plaintiff and Defense Perspectives

   1. Putting Effective Policies in Place to Prevent EEOC Investigations
   2. Properly Following Administrative Proceedings
   3. Essentials of Documenting and Investigating EEOC Complaints
   4. Raising EEOC Claims: Enhanced Internal Processes
   5. Tips for Handling EEOC Complaints and Drafting Position Statements
   6. How to Respond to an Agency's Request for Information

6. Using the Results of the Investigation for Disciplinary Actions and Termination Decisions

   1. Timing Considerations
   2. Performance Improvement Plans (PIPs): Drafting and Implementation Essentials
   3. Conducting the Disciplinary or Termination Meeting: What You Need to Know and Do
   4. Handling Whistleblower Allegations

7. Ethical Issues

   1. Rules of Professional Conduct
   2. Conflicts of Interest
   3. Confidentiality
   4. Attorneys' Fees