Date and Time: 11/19/2020 at 1 pm eastern
Run Time: 90 minutes including Q & A session
Leader: Bob Gregg, Attorney at Law, Boardman Clark Law Firm
Credits: Awarded 1.5 credit hours by HRCI
Price: Webinar $295; Webinar + Download $349 (Share the download with your colleagues)
Audience: HR, supervisors, managers, in-house counsel
Pandemic or not, when necessary, an employer is still required to conduct a fair and thorough investigation of accusations relating to poor employee performance, harassment, work rule or other job violations, etc. Is it harder in the Covid-19 workplace to conduct such an investigation? In certain instance maybe “yes,” but in other situations it might just be the usual workplace investigation. The key is to understand when and how your customary investigative procedures need to be modified for the investigative challenges posed by the Covid-19 workplace.
An employee who is disciplined still has rights and often will appeal or sue over the results of an improper investigation. How the investigation was conducted can becomes the object of legal challenge and personal liability for the investigator. With the Pandemic, an employee who has been disciplined may have another reason for challenging your disciplinary action‒claiming that the Pandemic and the workplace limitations it imposes made it impossible to conduct a fair and impartial investigation. That’s why this is a good time to review your usual investigative procedures, making any needed adjustments now for the limitations imposed by the Pandemic workplace.
Our speaker, Bob Gregg, partner, Boardman and Clark Law Firm will cover the legal and practical elements for a fair, valid investigation of discipline, complaints, or other employment matters during ‘normal’ times and now in the “new normal” Covid-19 workplace. He will discuss practical techniques of planning, fact finding, interviewing witnesses, and documenting. He’ll also discuss what adjustments to each of these areas might be needed for the Covid-19 workplace. Emphasis will be given to due process, confidentiality, privacy, defamation and the dos and don’ts to prevent personal liability for just doing your job during these difficult times
During this informative webinar, Mr. Gregg will be discussing:
• Avoiding personal liability for “investigative malpractice” in the Covid workplace
• Policies which can either hamper or foster investigations, and advisable changes to current policies to reflect the current working environment
• Intake and assessment of complaints
• Planning the investigation which can include interviews of both employees at your worksite and those working from home
• Rights of the “accused”
• Interviewing witnesses‒both remote and at your worksite
• Practical pointers and some simple do’s and don’ts for the current Covid work environment which can make the difference between an effective process or legal liability
• Privacy and confidentiality for the accused and all of the witnesses in a fractured workplace
• Integrity of the investigator’s notes
• Decision making
Bob Gregg, attorney at law, is a partner at Boardman & Clark LLP in Madison, Wisconsin. He has been involved in employment relations for more than 30 years. He litigates employment cases, representing employers in employment contracts, discrimination cases, FLSA, FMLA and all other areas of employment law. His main emphasis is helping employers achieve enhanced productivity. He has designed the workplace policies of numerous employers, creating positive work environments, and resolving employment problems before they generate lawsuits. Bob has conducted over 3,000 seminars throughout the United States and authored numerous articles on practical employment issues. Bob is a member of the Society for Human Resource Management, the National Speakers Association, is a National Faculty Member of the American Association for Access, Equity & Diversity and served on the board of directors for the Department of Defense Equal Opportunity Management Institute Foundation.
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