Advanced Internal Investigations Certificate Program

Seminar: ID# 1265285



Module 1: Common Mistakes In Internal Investigations
  • Review court cases that were painful lessons for employers
  • Identify key strategies for how to avoid making the same mistakes
Module 2: Regulatory Areas That Affect Internal Investigations
  • EEOC's Strategic Enforcement Plan and targeted enforcement efforts

    • The EEOC’s latest investigative strategy
    • Latest issues regarding background investigations
    • Identify how to avoid discrimination claims when conducting background investigations

  • National Labor Relations Act

    • Latest issues involving the NLRB
    • Social Media, Section 7, and "Concerted Activities"
    • Investigations and confidentiality
    • Recording in the workplace
    • Weingarten rights: investigative interviews and disciplinary meetings
Module 3: Launching An Investigation: Crucial Steps To Working A Good Case
  • Review of “Investigation Don’ts”
  • Assessing the case type: EEO, Theft, Misuse of Assets, Safety, Ethics, Conflict of Interest, and Regulatory Compliance
  • Establishing roles and responsibilities to minimize political interference
  • Identifying Resources: Internal vs. External?
  • Determining when to get legal counsel involved
  • Identifying when an investigator must recuse him/herself from a case
Module 4: Building Consistency In The Investigative Process
  • Implementing standard protocols and preparation steps
  • Preparing for interviews: developing interview question templates
  • Documenting complaint intake
  • Documenting conversations and witness statements
  • Maintaining an evidence log and chain of custody
  • Documenting investigator case notes
  • Reviewing best practices for case management and evidence storage
  • Preparing formal investigation reports with evidence exhibits
Module 5: Foundation For Conducting Investigations: Overview Of Federal Labor And Employment Laws
  • Review of Title VII of the Civil Rights Act and anti-discrimination laws
  • Employer obligations regarding when and how to conduct investigations
  • Harassment: Quid Pro Quo and Hostile Work Environment
  • Review of other laws that can come into play when conducting internal investigations
  • Identifying when remedial action steps are necessary
  • Review of current retaliation cases - and staggering employer costs for punitive damages
  • Minimizing retaliation claims before, during, and after an investigation
Interactive Exercise:
  • We Just Received an EEOC Charge for Racial Discrimination…Now What?

Module 6: Strategies For Evidence Collection And Preservation
  • Working with IT in Collecting Digital Evidence

    • Internet log / Virtual Private Network (VPN)
    • Surveillance systems
    • Phone records
    • Employee access card records
    • Electronic messages
    • Social media

  • Identifying and Collecting Open Records Evidence

    • County courthouse records
    • Online information services

  • Best Practices in Identifying, Collecting, and Preserving Physical Evidence in the Workplace

    • Preventing evidence tampering
    • Preserving and safeguarding evidence that has been collected
    • Handling and disposal of dangerous or illegal drugs and weapons
Module 7: Identifying And Investigating FMLA Leave Abuse
  • The Family & Medical Leave Act

    • Continuous & Intermittent leave – identifying the “red flags” of abuse

  • Evaluating the trends in FMLA Abuse

    • The headaches of Intermittent Leave abuse: "Monday-Friday Migraines"
    • Episodic conditions and fact patterns
    • Identifying suspicious "needing to care for" leaves

  • Strategies for Preventing FMLA Abuse

    • Conducting case audits
    • Implementing process improvement for managing intermittent and continuous leave
    • Implementing case management solutions
    • Integrity and fraud prevention orientations
Interactive Exercise:
  • Best Practices for Catching an FMLA Abuser
Module 8: Investigating Work-Related Injuries And Workers’ Compensation Fraud
  • Occupational Safety & Health Act

    • Workplace violence as a "recognized hazard" under General Duty Clause
    • Restraining orders to minimize the risk of workplace violence
    • Legalization of marijuana and the "Patchwork Quilt" of state laws
    • Emerging issues in employee substance abuse and drug testing
    • Conducting Substance abuse investigations

  • Workers Compensation Fraud – “Fraudsters in Action”
  • Strategies for Preventing and Investigating Workers Compensation Fraud
Interactive Exercise:
  • Investigating Possible Substance Abuse in the Workplace
Module 9: Advanced Techniques For Developing, Acquiring, And Documenting Testimonial Evidence
  • Preparation strategies for conducting witness interviews
  • Examine the Bulls Eye technique for investigative interviewing
  • Develop interview questions and strategy
  • Establishing timelines to identify fact patterns
  • Establish security protocols for investigative interviews
Module 10: Best Practices For Writing An Investigative Report And Closing Out A Case
  • Using standardized formats that are "court ready"
  • Timesaving Best Practices: headers, footers, drop-downs, appropriate stamps
  • Preparing investigation reports for outside parties to understand
  • Eliminating opinion and bias from the report
  • Incorporating of electronic evidence into reports without creating challenges
  • Preserving documents post-investigation for unemployment hearings, arbitration hearings, insurance claims, and litigation
Mock Investigation: Working a "Day in the Life of an Investigator"- Investigating a Possible Code of Business Conduct and Ethics Violation and Retaliation

Action Steps Beyond the Program

Program Wrap-Up

Advanced Internal Investigations Certificate Program
Metropolitan Area:
Video Conference
This session will be held via Video Conference
over three successive days from 10:00am to 5:00pm Eastern
9/17/2020 - 09/18/2020 (10am-5pm)
Qty: 2 - Qty: 5
Qty: 6 - Qty: 10
Qty: 11
$1,415.00 5755 North Point Parkway, Suite 227 | Alpharetta, GA 30022 | 770-410-9375 |
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