Gain an understanding of the various types of complaints made by employees and different techniques on how to conduct investigations.
This program will unpack the competing complaint made by the employee together with the performance issues. Was the employee motivated to complain so that he has the leverage to negotiate a favorable exit package? In the alternative, was the employee treated in a disparate manner as compared to other employees?
Employers need to know whether the supervisor is treating one class of employees differently from another. Employers can’t address issues if they do not know that they exist. You will learn how to approach challenges when the manager points to poor performance while the employee complains of discrimination. We will also explore the benefits of early resolution, including mediation when appropriate, and review the necessary steps to reinforce trust in the employer.
Learning Objectives
- You will be able to review how to gather as much information as possible.
- You will be able to discuss being objective.
- You will be able to explain possible reasons for making a complaint.
- You will be able to identify how to conduct a best in class investigation.
Agenda
War Stories Involving Poorly Conducted Investigations
Goals
- Get the Investigation Right
- Gather as Much Information as Possible
- Be Objective
- Don’t Prejudge the Outcome
- Be Wary of Implicit Bias
Reasons Why an Employee With a Track Record of Poor Performance Might Complain
- Possible Reasons for Making a Complaint
- The Employee Is Aware of Poor Performance
- The Employee Recognizes That Discipline Is on the Horizon
- A Manager Is Making It Difficult for the Employee to Succeed
- The Employee Has Been Unfairly Doomed to Failure
Conducting a Best in Class Investigation
- Proper Training
- Documentation
- Setting the Stage for Interviews
- Avoid a Conflict of Interest
- Confidentiality
- What to Do With the Completed Investigation
Top Ten List of Takeaways
Speakers
David G. Gabor,
The Wagner Law Group- Partner with The Wagner Law Group
- Has extensive experience in human resources, litigation, and alternative dispute resolution
- Human resources practice includes: drafting policies; preparing manuals; conducting training; handling workplace investigations; conducting auditing; and counseling clients in all aspects of the employee-employer relationship
- Litigation practice includes: employment discrimination; employee classification; wage and hour; unfair competition; noncompete; and ERISA matters
- Conducts regular seminars, workshops, and webinars on matters concerning employment law and human resources
- Recognized as a Super Lawyer in New York, Massachusetts, and New England
- Recognized as a Top 100 Lawyer
- Recognized in Cambridge Who's Who Registry of Executives and Professionals
- J.D. degree, Touro College Jacob D. Fuchsberg Law Center; B.A. degree, The University of Michigan
Who Should Attend
This live webinar is designed for Human resource managers, payroll and benefits professionals, business owners and managers, controllers, and CFOs.