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On Demand

Workplace Investigations: The Do's and Don'ts From Our Time in the Trenches


Credit Available - See Credits tab below.

Categories:
Bias |  External Investigators |  Internal Investigators |  Interviewing |  Advanced |  Public Sector |  Report Writing
Faculty:
Leighton Henderson |  Morin Jacob
Duration:
1 Hour
Format:
Audio and Video
Original Program Date:
Oct 15, 2024
License:
Never Expires.



Description

Session Description: 

This presentation covers the practical skills necessary to conduct impartial investigations involving allegations of employee misconduct, such as harassment, dishonesty, or other egregious misconduct, either by video conference or in person. Taught from the perspective of two attorney investigators who also frequently retain outside investigators and oversee the investigations, this presentation will not only explore best practices for workplace investigations, but also explore what not to do and why.

Learning Objectives: 

Investigators are charged with conducting fair, impartial, and timely investigations, but as every investigator knows, there are potential pitfalls at every step of the investigation process. In this webinar, two investigators will talk through best practices for five different stages of the workplace investigation and provide real-life examples of what they have seen go wrong.

By attending this session, participants will be able to:

  • Recognize potential biases and take corrective action
  • Communicate with the employer at the start of and throughout the investigation so that everyone is in alignment on scope and procedures
  • Recognize the importance of tailoring interview questions based on what a witness may know
  • Make clear factual findings

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. 

Credits


SHRM

SHRM PDCs: 1.0


CA MCLE

California MCLEs: 1.0



Handouts

Speaker(s)

Leighton Henderson's Profile

Leighton Henderson

Liebert Cassidy Whitmore


Leighton Davis Henderson, AWI-CH is Senior Counsel at Liebert Cassidy Whitmore. She is a member of LCW's Investigations Executive Team and regularly conducts investigations into allegations of harassment, retaliation, and discrimination, as well as all types of alleged or suspected employee misconduct, such as abuse of state and federal leave laws, bullying, and timecard fraud. She is well-versed in investigations involving high-profile individuals and matters involving sensitive information. Leighton’s investigations work is informed by her background in employment litigation. In addition to conducting investigations, Leighton has been providing labor and employment advice and counsel to clients for over a decade. She earned her Bachelor of Arts from University of California, Los Angeles and her Juris Doctor from University of California College of Law, San Francisco. Prior to joining Liebert Cassidy Whitmore, Leighton was a Judicial Extern for the Honorable James R. Lambden at the California Court of Appeal and the Honorable Thierry Patrick Colaw at Orange County Superior Court. Leighton was a commencement speaker at the University of California College of the Law, San Francisco, as well as a member of the Moot Court Board.? 


Morin Jacob's Profile

Morin Jacob

Leibert Cassidy Whitmore


Morin Jacob is the Managing Partner of Liebert Cassidy Whitmore’s San Francisco office, and is a seasoned litigator who handles all facets of defense-side employment litigation, from pre-litigation through jury trial and appeal. Morin represents LCW clients on all labor and employment law, primarily working with Public Safety Departments, and also representing Cities, Counties, and Special Districts.


Morin is one of the firm’s top litigators. Morin has first-chaired jury trials and successfully secured defense verdicts on behalf of her clients, even after appeal. Her jury trial experience includes defending against claims of retaliation for engaging in free speech, disability discrimination, sexual harassment, retaliation, and whistleblower allegations. Morin also devotes a portion of her practice to conducting workplace investigations. She holds a certificate from the Association of Workplace Investigators and is a member of LCW’s Investigations Executive Team. Morin has conducted investigations into allegations involving embezzlement of seven-figure dollar amounts, harassment, discrimination, retaliation, workplace violence, internal affairs investigations for police departments, and FBOR investigations for fire departments.