Bullying Allegations: A 60-Minute Speed Investigation

Session Description: 

Complaints about abusive conduct in the workplace are increasing and internal and external investigators are being called upon to sort through them.  Even though many employers don’t have a bullying policy, they still want us, as the investigators, to make findings!  It is a conundrum: how do you conduct an investigation, identify and analyze the relevant evidence, and make findings, when there is no clear policy to guide you?

This novel training will take you through a 60-minute “speed” investigation of a bullying complaint.  Starting with a review of the allegations in a written complaint, the training will include mini-mock interviews of the Complainant and Respondent, an examination of other relevant evidence, a discussion of the investigation’s scope, the application of a sample policy to the sustained facts, and, ultimately, the drafting of findings.

Sounds impossible in 60 minutes?  Perhaps, but our informative discussions will shed light on issues raised in these challenging investigations. This session aims to:

• Address how to integrate the facts we gather during an investigation with the sometimes-limited policies we may have to work with. 
• Discuss how to use common sense understandings of terms like “respect,” “courtesy” and “professionalism,” and to provide a framework for analyses. 
• Balance the facts between appropriate supervision and conduct that crosses the line of professionalism.
• Support attendees in learning how to make judgements when confronted with seemingly subjective complaints, like rudeness and shunning, by using more concrete evidence like number of incidents, the severity of conduct, and whether the conduct is simply the reasonable exercise of managerial/supervisorial duties.
• Address difficult questions such as whether behavior must be intentional to be abusive conduct, or how to weigh negative reports with positive accounts about the same Respondent.

Presented with insight and humor by a private investigator and an attorney-investigator with deep experience in civil rights compliance and employment matters, the training will use real-world examples to address concerns of both internal and external investigators.

Disclaimer:

The contents of this webinar and the positions taken are those of the presenter only, may be time-sensitive, and are not warranted, endorsed or otherwise recommended by AWI and are not intended to provide legal advice.