Going Beyond the Surface: A Guide to Conducting Prompt and Thorough Workplace Investigations
Session Description
Employers are increasingly at risk for not adequately responding to workplace complaints. One of the best defenses to a harassment or discrimination lawsuit is that the employer conducted a prompt and thorough investigation into an employee’s complaints. Responding carefully (and quickly) to complaints of harassment, discrimination, or retaliation (among other things) is crucial for employers when trying to maintain a positive and productive workplace and avoid litigation.
Undertaking an investigation into those allegations can be a complicated process that can have serious ramifications if not addressed properly. This session will give employers the tools needed to conduct an effective workplace investigation, or work with a third-party investigator, in order to resolve internal complaints before they become more complicated and widespread. Topics include:
- When to conduct an investigation
- Purpose/goal of investigation
- Deciding between an in-house or third-party investigator
- Conducting a thorough and prompt investigation
- Interviewing witnesses and assessing credibility
- Making findings and conclusions
- Discipline, determination, and imposition
- How to ensure the investigation will satisfy "just cause"
Speakers
Christine A. Slattery Miller Nash LLP
Christine A. Slattery is a partner at Miller Nash LLP with deep experience conducting independent workplace investigations for Oregon and Washington employers in the following areas: sexual harassment; harassment on the basis of race, national origin, religion, age, sex/gender, gender identity, sexual orientation, religion, and/or disability; discrimination on the basis of race, national origin, sex/gender, age, gender identity, sexual orientation, religion, and/or disability; retaliation and/or interference regarding use of FMLA and/or state-leave protections; retaliation; whistleblower retaliation; bullying; toxic work environments; poor job performance; intimidation, coercion, menacing, and/or stalking; treatment of students and student-athletes by educators and/or coaches; and other types of conduct that may constitute a violation of the employer’s policies. Christine holds a certificate from the Association of Workplace Investigators, an international organization dedicated to promoting and enhancing the quality of impartial workplace investigations.
She also counsels employers on a wide variety of employment-related issues and is experienced in providing in-depth workplace trainings for management and non-management employees on a wide range of topics, including workplace investigations basics; comprehensive anti-discrimination and harassment practices; combating unconscious bias; promoting diversity, equity, and inclusion; employee engagement; and maintaining a respectful workplace.
Jess Osborne Miller Nash LLP
Jess Osborne is a partner with Miller Nash LLP and represents public, private, and nonprofit employers in a variety of traditional labor law and employment matters. Jess advises employers on collective bargaining, including as lead negotiator, contract administration and implementation, organizing and election issues, and more. Jess also represents employers in labor arbitrations and before the National Labor Relations Board. In her employment practice, Jess advises employers in relation to compliance with employment law statutes, challenges with organizational change, organized workforce questions, and conducting workplace investigations. Jess also represents clients in employment litigation matters related to wrongful discharge, wage and hour, and other related areas.