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Table Of Contents

Advanced Internal Investigations Certificate Program

This comprehensive two-day program has been designed to go beyond the basic what, why, and how of conducting an internal investigation, and focuses primarily on advanced investigatory issues.

This course starts with an overview of recent court cases that helps attendees understand the key issues coming to the courts, then proceeds with nine modules, interactive exercises, and leader-led discussions that enable attendees to implement successful preventative and investigatory processes at their organizations.Advanced Internal Investigations Training

Attendees receive:
  • Information-packed training covering today’s advanced investigatory issues
  • Interactive sessions throughout the course to test your new knowledge
  • Leader-led discussions where you can apply what you’ve learned
  • Access to our online Internal Investigations Training & Certification Program!


SEMINAR AGENDA

DAY ONE

Module 1: Where Are We Today, And What Can We Learn From The Past
  • Current court cases that were painful lessons for employers
  • What we can learn from recent court decisions involving investigations
Module 2: Today’s Key Regulatory Areas: EEOC, NLRB, FMLA, ADA, and OSHA
  • EEOC's Strategic Enforcement Plan and targeted enforcement efforts

    • Latest issues regarding background investigations
    • “Negligent” hiring and discrimination

  • National Labor Relations Act
    • Latest issues involving the NLRB
    • Social Media, Section 7, and "Concerted Activities"
    • Investigations and confidentiality

  • The Family & Medical Leave Act

    • Trends in FMLA Abuse: "The Friday-Monday Leave Act"
    • The headaches of Intermittent Leave abuse: "Monday-Friday Migraines"

  • ADA Amendments Act

    • Major Bodily Functions and Reasonable Accommodation "Request Abuse"
    • Rise in disability fraud

  • Occupational Safety & Health Act

    • Workplace violence as a "Recognized Hazard" under General Duty Clause
    • Restraining Orders to minimize the risk of workplace violence
    • Legalization of marijuana and the "Patchwork Quilt" of state laws
    • Substance abuse investigations
    • Emerging issues in drug testing
Interactive Exercise: Best Practices For Catching An FMLA Abuser

Module 3: Anti-Harassment and Discrimination Issues: Title VII, ADA, Pregnancy, Equal Pay
  • Title VII of the Civil Rights Act

    • Harassment, discrimination, and retaliation
    • Emerging issues with ADA, LGBT, and accommodating pregnancy

  • Title I of The Americans with Disabilities Act

    • Reasonable - or Unreasonable - Accommodations?

  • The Age Discrimination in Employment Act
  • The Pregnancy Discrimination Act
  • The Equal Pay Act
  • Analysis of an EEOC Charge and Investigative Process
  • Investigations and Employer Position Statements
  • Mediation, settlement, and conciliation
Interactive Exercise: We Received An EEOC Charge...Now What?

Module 4: How To Minimize Retaliation Claims Before, During, And After Investigations
  • Current retaliation cases and staggering employer costs for punitive damages
  • Understanding the key elements in a retaliation claim to minimize risk
  • "Managing to Perception" during investigations to minimize risk
  • How to minimize retaliation claims before, during, and after an investigation


DAY TWO

Module 5: Launching An Investigation: Crucial Steps To Work A Good Case
  • Assessing the case type:

    • Theft, Misuse of Assets, Safety, EEO, Ethics & Compliance

  • Identifying Resources:

    • Internal vs. External?
    • When to get legal counsel involved
    • When to get law enforcement involved
    • When is it time to recuse yourself

  • Establishing roles and responsibilities to minimize political interference
  • Building consistency in the investigative process:

    • Interview question preparation
    • Statement of complaint
    • Witness statements
    • Documents of conversation
    • Evidence log and chain of custody
    • Case notes
    • Evidence storage
    • Formal investigative report with exhibits
Module 6: Steps And Strategies For Physical And Documentary Evidence Collection
  • Working with IT in Gathering Electronic Evidence:

    • Proper collection of electronic physical and documentary evidence
    • Internet log / Virtual Private Network (VPN)

  • Collecting Electronic Evidence:

    • Surveillance systems
    • Phone records
    • Employee access card records
    • Electronic messages

  • Publicly-available open records evidence
  • County courthouse records
  • Online information services (Lexis Nexis)
  • Physical evidence collection in the workplace
  • Handling and disposal of dangerous or illegal drugs and weapons
  • Preventing evidence tampering
  • Safeguarding
  • Incorporating into the Investigation Report
Module 7: When – And How – To Work With Law Enforcement
  • When is it appropriate or necessary to approach law enforcement?

  • What to expect when working with law enforcement

    • Parallel investigation
    • Collaboration on a case

  • Providing evidence and cooperation within the bounds of the law and privacy

    • Subpoena
    • Court orders
    • Attorney engagements

  • How agencies are set up and operate within the legal system
  • How to leverage law enforcement agencies to help safeguard your employees: active shooter, workplace violence, substance abuse, physical security
Interactive Exercise: The Police are here…What do you do?

Module 8: Advanced Techniques For Developing, Acquiring, And Documenting Testimonial Evidence
  • Preparation for Conducting Witness Interviews

    • The Bulls Eye technique
    • Developing interview questions and strategy
    • Establishing security protocols for investigative interviews
    • Selecting the right investigators
Interactive Exercise: Interviewing a complainant, interviewing an accused, documenting complainant and witness statements

Module 9: Best Practices For Writing An Investigative Report
  • Use standardized formats that are "court ready"
  • Timesaving Best Practices: headers, footers, drop-downs, appropriate stamps
  • Reports written for outside parties to understand
  • Eliminating opinion and bias from the report
  • Incorporation of electronic evidence into reports without creating challenges
Module 10: Post-Investigative Requirements
  • Maintaining integrity of the evidence
  • Security of the files and chain of custody
  • Preparation for unemployment hearings, arbitration hearings, insurance claims, and litigation
Action Steps Beyond The Program

Program Wrap-Up



INCLUDED TRAINING MATERIALS

As a seminar participant, you receive access to our Internal Investigations Training & Certification Program.

This online courses provide detailed specifics - including numerous examples, administrative tips, procedural recommendations, and interactive questions - for performing an investigation.

Program Benefits
  • Award-winning, easy-to-use interface that includes numerous Administrative Tips, Procedural Recommendations, and Interactive Quizzes (complete with answer rationale) to help ensure learning
  • FREE updates when the law changes
  • Online access allows you to study at your pace and access materials anytime, anywhere with an internet connection
  • Special Bookmark feature that allows you to learn at your own pace and quickly return to training if you are interrupted
  • EIGHT hours of PHR/SPHR re-certification credits per course!
  • Included with the online Training & Certification Program - though not required – is the test to earn your Certified Administrator designation. Your test is taken online and scored immediately. We also show you any incorrectly answered test questions so you can improve any area of weakness!
  • Access to all of the above for one year from date of purchase, then only a $99 annual renewal for continued access!
How To Access Your Online Materials

To access this course, simply to go http://HRcertification.com/login.asp and enter the user name and password you used to enroll for this seminar. (Don’t worry; you can click the “Forgot Your Password” link if you don’t have your information readily available).


QUESTIONS?

If you have other questions, or need to get your co-workers enrolled, call us at 678-366-3959!

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Questions? Email or call us at 678-366-3959 at any time.

We thank you for your interest.

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