Certificate in Conducting Lawful Workplace InvestigationsSM Seminar
Do you know how to conduct a lawful investigation?
The objective of an internal investigation is to discover facts on which to make a sensible and lawful decision. Done correctly, an investigation should resolve a problem and prevent it from re-occurring, whether the issue is misconduct, a performance situation, harassment, discrimination or a workplace accident.
In addition to saving potentially millions of dollars in litigation costs and lost productivity, a lawfully conducted investigation can nip workplace problems in the bud, thus keeping businesses operating smoothly—and out of court
Making the right decision often turns on the quality of the investigation that has been conducted. Without the facts, decision-making is flawed and can expose the employer to significant liability.
This uniquely interactive and comprehensive program will provide investigators with a framework of legal and best practices knowledge and will give you the confidence, skills and techniques needed to properly conduct an effective investigation.
Over the course of two days, you will actively engage in detailed, “real time” investigations as the attorney-instructor guides you through the investigatory process; giving important pointers and recommendations throughout. Participants will learn how to handle complaints legally by gaining actual experience in interviewing witnesses and evaluating evidence. By going through the process of conducting several types of investigations everyone will be able to use their newly acquired skills through interaction with classmates and the attorney-instructor. This interaction will help build confidence and will embed the learning.
After completing this course you will have learned:
- How to recognize workplace situations that require an investigation
- How to develop an investigation plan
- How to collect and record evidence
- The rights of the parties involved in an investigation
- How to identify and interview the plaintiff, witnesses and the respondent
- How to assemble statements and write a thorough and defensible report
- When and what information can, and should, be released to the involved parties
- How to make recommendations about next steps after the investigation is complete
How You Will Benefit
- Learn step-by-step guidelines for investigating any complaint
- Be proactive and avoid the legal pitfalls of investigations
- Know what steps to take to minimize your liability
- Understand what sexual harassment is—and what it isn’t
- Get a realistic view of the timing of investigations
- Get beneficial advice on handling evidence
- Keep your work force running smoothly during and after an investigation
- Guard against retaliation and subsequent inappropriate misconduct
During the program, the following scenarios will be discussed:
- Sexual Harassment - A manager seeks to become romantically involved with a subordinate and is turned down. This investigation will be on both how to investigate the details of “at-work” and “away-from-work” circumstances that also involves retaliation after the complaint is handled by HR.
- Medical Leave - A supervisor is concerned about an employee who took medical leave during a large project, leaving the work group short-handed. The investigation includes a discussion of medical and leave issues and the limits that may apply; as well as dealing with medical information that is, by nature, confidential. This investigation also involves an analysis of whether the employee should have received a needed accommodation upon returning to work.
- Ethics Violation - An employee notifies HR that a co-worker is profiting from a relationship with a vendor and is also misusing corporate funds regarding the entertainment of the vendor.
- Threat of Violence - There is a rumor that an employee has a gun in their car, they might be dangerous and they may have threatened another employee. You will learn how to conduct this investigation when the threatened employee doesn’t wish to talk about it.
- Equal Pay - A female manager believes she is being paid less than a number of similar male managers. The investigatory aspects of this scenario are complicated both factually and legally as evaluating pay differences is quite complicated. During this investigation we will explore issues of attorney client privilege, the line between investigations and audits, and the risks of creating investigative reports that include recommendations for compliance actions.
- Credibility - This is a fact investigation where issues of credibility are crucial to the findings in the investigation. Many investigators are hesitant to make credibility determinations, but such determinations are legitimate and important.
- Using and Acquiring Evidence via Social Media - We will conduct an investigation where the evidence is mostly in the form of social media, which means that the exercise will focus on how to use social media to obtain evidence, what the limits are on privacy and social media and how to discuss social media evidence with witnesses in the investigation.
Gavin S. Appleby, Esq., Partner at Littler Mendelson, PC
October 22-23, 2018
8:00 am - 4:00 pm
*Dates subject to change. We reserve the right to change instructors when such changes are advisable for academic reasons or when circumstances are beyond our control.
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- Online: https://aws.passkey.com/go/SMIAL8
- By phone: 866-317-1829, reference Group Code SMIAL8
*We reserve the right to change seminar venue when such changes are advisable for academic reasons or when circumstances are beyond our control.
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HR Certification Institute (HRCI)
This program has been submitted for 13 HR recertification credit hours toward PHR and SPHR recertification through the HR Certification Institute (HRCI).
Society of Human Resource Management (SHRM)
The Institute for Applied Management & Law, Inc. is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CP or SHRM-SCP. This course has been submitted for 13 PDCs by attending this 2-day seminar.
International Foundation of Employee Benefit Plans (IFEBP)
Earn 13 Continuing Education Credits towards CEBS recertification through the International Foundation of Employee Benefit Plans (IFEBP) by attending this two day program.
This program can be reported for CCP, GRP, CBP and WLCP recertification credit.
State Boards of Accountancy
Individual State Boards of Accountancy may accept IAML courses for continuing education.
American Society for Healthcare Human Resources Administration (ASHHRA)
This two day program is eligible for CHHR recertification credit.
National Association of Legal Assistants
CP’s can receive credit for attending any IAML program that has been approved for Continuing Legal Education (see list below.)
National Federation of Paralegal Associations
PACE Registered Paralegals and CORE Registered Paralegals can receive credit for attending any IAML program that has been approved for Continuing Legal Education (see list below.)
American Alliance of Paralegals
AACP’s can receive credit for attending any IAML program that has been approved for Continuing Legal Education (see list below.)
Continuing Legal Education
(Additional fees for CLE application and/or reporting fees may apply.)
Alaska Bar members may claim credit for attendance at CLE programs offered in or from other jurisdictions if the program has been accredited by another CLE jurisdiction (which includes California.) The State Bar of California has approved this program for 13 hours.
The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 13 hours toward your annual CLE requirement for the State Bar of Arizona.
This activity has been approved for Minimum Continuing Legal Education credits by the State Bar of California in the amount of 13 credit hours. IAML certifies that this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum, continuing legal education.
This program qualifies for credit reciprocity in the amount of 15 credit hours.
IAML is an accredited sponsor of CLE activities. This course has been approved for 13 CLE credit hours.
Florida Bar members may claim credit for attendance at CLE programs offered in or from other jurisdictions if the program has been accredited by another MCLE jurisdiction (which includes California.) This program has been approved by the State Bar of California for 13 hours. Florida credits are based on a 50-minute hour, therefore this course is eligible for 15.5 MCLE credit hours.
Attorneys licensed in Hawaii who attend a course that has been approved for credit by a Hawaii State Bar approved jurisdiction (which includes California) may claim the CLE credits from the course or activity without seeking prior Board approval for the course or activity. This program has been approved by the State Bar of California for 13 hours.
Maine attorneys are eligible to receive 13 credit hours for this program through Maine’s reciprocity provision that allows credit hours for courses or activities approved by another MCLE state (which includes California) and certified by that state’s CLE regulatory authority will be accepted for identical credit by the Board of Overseers of the Bar in Maine.
NHMCLE does not approve or accredit CLE activities for the New Hampshire MCLE requirement. IAML believes this course meets the requirements of New Hampshire Supreme Court Rule 53 and may qualify for 780 minutes (13 hours) toward the annual NHMCLE requirement. New Hampshire attendees must self-determine whether a program is eligible for credit, and self-report their attendance.
Attorneys licensed in New Jersey who attend an out-of-state CLE course that has been approved for credit by a New Jersey State Bar approved jurisdiction (which includes California) may claim the CLE credits from the course or activity without seeking prior Board approval for the course or activity. This program has been approved by the State Bar of California for 13 hours.
An attorney completing an eligible Approved Jurisdiction course (which includes California) may claim 15.5 hours of New York CLE credit in accordance with the requirements of the Program Rules, Regulations and Guidelines. This program has been approved by the State Bar of California.
This activity has been submitted for Minimum Continuing Legal Education credit by the State Bar of Pennsylvania in the amount of 13 credit hours. IAML certifies that this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of Pennsylvania governing minimum continuing legal education.
The Tennessee Commision on Continuing Education has approved this course for 29.75 total CLE hours.
The Virginia Mandatory Continuing Legal Education Board has approved this course for 13.0 credit hours.
Contact us to ask about getting your state approved. IAML requests 45 days prior notification that you wish such credit. An additional charge for CLE application and/or reporting fees may be required.
The registration fee for the Certificate in Conducting Lawful Workplace InvestigationsSM Seminar is $1,575.00. This fee includes the seminar manual, coffee breaks and a reception the first evening. (Breakfast/lunch/dinner are on your own.)
After the first registration for a 2018 Certificate in Conducting Lawful Workplace InvestigationsSM Seminar from your organization is received, each subsequent registrant from your organization who attends the Certificate in Conducting Lawful Workplace InvestigationsSM Seminar in 2018 is entitled to a $50.00 discount upon request at the time of registration. Discounts not combinable with other discount offers. Past participants of this seminar are entitled to a $100.00 discount, upon request at the time of registration.
Very attractive discounts are available to organizations which send 5 or more participants to IAML seminars in any 12 month period. Participants do not necessarily need to attend the seminar at the same location or time.
A minimum of one half of the total fees due to IAML should accompany your registration, or a Purchase Order Number should be provided. The total fees payable should be received by IAML at least two weeks prior to the seminar. Arrangements such as deferred billing can be made to accommodate special circumstances by contacting us. IAML accepts payment by check, EFT or credit card (American Express, MasterCard, Discover, Visa.)
While registrations may be accepted within the two weeks prior to the beginning of the seminar, we suggest that you call IAML to confirm space availability.
Participants will receive a full refund if IAML receives written notification that they will be unable to attend at least two weeks prior to their program's starting date. Otherwise, participants are liable for the entire fee. Registrants requesting a transfer to another program within this two week period will be charged an additional fee of $150.00. You may substitute an associate at any time.
Registrants are responsible for making their own hotel reservations. IAML has made arrangements for participants to receive a special group rate at the hotels where the seminars will be held. To ensure that you will receive a room at the special group rate, please make your hotel reservations at least four weeks in advance of the seminar and mention that you are participating in an Institute for Applied Management & Law seminar.
Please note: If you experience any difficulty in making your hotel reservation, even within the four weeks prior to the seminar you wish to attend, please call IAML. Through IAML's contacts, there is a good possibility that we can help you secure a reservation at the seminar hotel.