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Speaker: Marty N. Martenson |Managing Partner, Martenson Law

Many state and federal employment laws effectively require an employer to investigate certain workplace-related situations or complaints in order to satisfy an employer’s legal duties. Certain employer investigations may also be crucial in minimizing any potential liability that may result from an employment related situation. In both cases, the manner in which an employer’s investigation is carried out can play a significant role in any subsequent litigation or dispute process. An appropriate, properly-conducted investigation can provide a shield for an employer against legal attacks by either demonstrating an employer’s legal compliance or by justifying an employer’s employment actions.

Conversely, there are many cases and instances where an incomplete or poorly carried out investigation has negatively impacted an employer’s legal position. Worse, an improperly conducted investigation can potentially give rise to new employee claims or cause an employer to incur additional liability. This Program will provide you with practical tips to maximize the effectiveness of your investigation process as well as examples of investigative practices to avoid.

In this session you will:

  • Gain an understanding of the various situations and laws that should give rise to an employer investigation and how the employer’s investigation may be used in litigation or the dispute process
  • Learn how to determine the best way to conduct an investigation for a given issue that will establish a reliable factual record for your employer and what methods, questions, disclosures, and statements you should avoid using or making during your investigative process
  • Discuss the facts, statements, and aspects of your investigative process that should always be documented and the most effective strategies for documenting this information in the event it must later be relied upon in litigation or in the dispute process

SHRM BoCK Competencies: Ethical Practice, Communication, HR Expertise