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TRANSCRIPT
Investigations that Work
About Don Phin, Esq.
• Employment attorney since 1983
• Speaker, author and coach
• Member Assoc. of Workplace Investigators
• Co-Editor EPLiC Journal for IRMI since 1997
• Bd. Of Advisors for Employee Confidential
Points to Remember
• Where there is smoke…investigate!
• Be prompt and thorough
• Get to the truth, assess credibility
• Don’t make things worse!
• Use attorneys wisely
• Appropriate discipline
• Making victims whole
Running a business is hard enough….
Without having to worry about…
• Thieves and frauds
• Bullies and harassers
• …and other employee disasters
Bad employees can be expensive!
Why investigate?
• Legal requirements
• Maintain integrity
• Where there’s smoke. . .
Investigate promptly and thoroughly
• The Faragher decision
• The “Seinfeld” case
• There is no “perfect” investigation
Who should investigate?
Create a plan
• Who is on the team?
• Who gets interviewed when?
• Search for evidence?
• Take a checklist approach
Create a timeline of events
Facts, documents and witnesses
Potential documents
Employee privacy
Preserve the evidence
The Cotran Case (1998)
• Sexual harassment claim
• 21 employees interviewed
• Good faith belief
Things to watch out for
• Interviewing vs. Interrogation
• Your own biases
• Intimation
• Manipulation
Things to watch out for
• Not admitting when you are in over your
head
• Limits on confidentiality
• Their requests for investigation
• Something more going on?
Employee leave or suspension
• Stops any conduct
• Removes barriers to investigation
• Pay for missed time
• Watch claims of retaliation
Assessing credibility
The Report of Findings
• Thorough
• “Need to know”
• Credibility assessments
• Summary to accused
Take corrective action
Make victims whole
• EEOC guidelines
• Brand damage
• Voluntary disclosure
Additional concerns
• Don’t make matter worse!
• Everyone will be watching
• Should your insurance get involved?
• Fix the system
Recap
• Were there is smoke…investigate!
• Prompt and thorough
• Get to the truth, assess credibility
• Use attorneys wisely
• Appropriate discipline
• Make victims whole
