Investigating Workplace Complaints: Avoiding Common Mistakes
Bob Oberstein is uniquely qualified with over 50 years of Labor Relations experience on both sides of the table in both the private and public sectors and is the recipient of the Federal Mediation and Conciliation Service Director's Award for lifetime achievement in promoting positive Labor Management Relations. Bob was also the Director of the Labor Management Relations BA and certificate programs at Ottawa University, Phoenix where he developed and taught Labor Relations and Human Resources related courses on both the graduate and undergraduate levels. Bob has several published articles to his credit in addition to his arbitration awards and has also been recognized in Who’s Who Among America’s Teachers. Additionally, Bob has served on several boards, commissions, and panels where he participated in resolving or adjudicating all manner of workplace issues in a variety of industries. Bob is listed on the American Arbitration Association’s Workplace Investigation panel as well as having completed his US EEOC training as an Investigator. Moreover, Bob also holds a Master of Jurisprudence in Labor and Employment Law from Tulane University's School of Law. Bob has and continues to serve the labor management community as well as other groups as an Arbitrator, Mediator, Facilitator, Investigator, Trainer and Educator. Further details about Bob’s unique qualifications can be found on his LinkedIn profile at Linkedin.com/Linkedin.com/in/boberstein
If done right an investigation can help get to the bottom of things. If done wrong, it all too often makes things worse. So, it pays to know how to do it right every step of the way. The challenge of complying with all applicable standards/regulations is to educate and update all who are responsible for conducting investigations within the organization. Otherwise, they may not have the tools or skill sets to be aware of all those obligations and responsibilities which in turn can lead to unintentional violations of law and challenges to the integrity and credibility of the investigation and its results/conclusions.
In short, this webinar can help you and your organization understand what’s required to conduct an effective and professional investigation while minimizing risk (financial, legal, damage to internal and external reputation, etc.). Let’s face it, it is a minefield out there so it’s important to know what you can, cannot, should, and must do before you get started!
Students will learn:
- Maintaining ethical behavior in all aspects of the investigation
- Always respecting the parties.
- Staying focused on the issue(s) and not getting distracted or exceeding one’s authority.
- Conducting a clearly organized and well documented investigation.
- How to avoid common legal minefields
- How to identify and use standards and models of proof to aid the investigation
- Provide parties with a concise and objective report of the facts, analysis of those facts, and conclusions and or recommendations.
- The Investigator’s role
- The art of objectivity
- Benefits of multiple interview styles/techniques
- Proper application of “Yes/No” questions
- Single vs. multiple interview sessions
- Documenting the investigation from complaint to conclusion
- Standards/models of proof and when/how to utilize them.
- The two major types of workplace investigations (Title VII and misconduct.
- Avoiding legal minefields:
- Negligent Investigation, Interference with Contractual Obligations, Loudermill Rights, Weingarten Rights, Violation of Public Policy, False light, Defamation, False Imprisonment, Intentional or Negligent Infliction of Emotional Distress, Searches and Monitoring/Surveillance.
Who Should Attend
All level Managers, Supervisors, Human Resources, Employee Relations, Labor Relations, Attorney’s, and Union Officers/Representatives/Stewards, all levels of Law Enforcement or Security staff.
Why Should you Attend
Are you prepared to conduct a proper investigation? Will it comply with all Federal, State, and local laws and all your policies? Will that investigation be objective and respect all party’s rights? Will it be presented in a professional manner? Remember, today’s investigation will become tomorrow’s evidence and likely be an exhibit in a trial or hearing about which you would have to testify under oath. So, it’s critical that all the requirements for a lawful and professional investigation be met.