Tips for Leading an Internal Investigation
This session will assist employers in how to conduct workplace investigations. The session will address whether to utilize an internal or external investigator. The session will provide guidance on whether to use an attorney, a human resource professional, or an EEO Officer if conducting an internal investigation or an attorney, private investigator, or human resources professional if conducting an external investigation. The session will provide guidance on the skills an investigator will need. The session will provide guidance on the scope of the investigation, confidentiality during the investing, the attorney-client privilege, bias, and credibility determinations. Finally, the session will provide guidance on report writing in connection with a workplace investigation.
- Identifying whether to utilize an internal or external investigator; If internal, whether to use a Human Resource Professional, attorney, or EEO Officer; If external, whether to use an attorney, private investigator, or Human Resource Professional.
- Selecting a qualified investigator.
- Determining the scope of the workplace investigation.
- Ensuring that the investigation is conducted with appropriate confidentiality.
- Identifying whether the employer will want the investigation protected by the attorney-client privilege or whether the employer will waive the attorney-client privilege.
- Recognizing and addressing bias during the investigation.
- Making credibility assessments, and identifying report writing basics.
Attorney at Baxter, Jewell & Dobson
Allen’s practice includes work before the Equal Employment Opportunity Commission, the Wage & Hour and OSHA Divisions of the Department of Labor; Arkansas Department of Workforce Services; Contractors Licensing Board; as well as related federal and state court litigation. Allen’s experience includes employment- and construction-related mediation and arbitration, advising management regarding maintenance of a non-discriminatory workplace, supervisory training, development of personnel systems and the preparation of drug-testing policies and procedures. He has also testified numerous times before Arkansas House and Senate Committees.