Overview:
Employee-related lawsuits are on the rise. Last year the EEOC announced a record number of discrimination claims, approximately 100,000. Wrongful discharge cases are also on the rise.
Per study, the average lawsuit settlement is $165,000. To protect your organization, it is crucial to have an effective strategy in place from the moment you hear a complaint, concern, or when misconduct occurs. Investigating complaints, misconduct, etc. is the right thing to do to protect your company from expensive litigation. It also shows good faith efforts to ensure your decision to terminate or to not terminate was based on a thorough review of pertinent information.
When an informal or formal complaint is made, the employer should take immediate steps to stop the alleged conflict, protect those individuals involved and begin investigations. Under many laws (Title VII, ADA, ADEA, OSHA, Sarbanes-Oxley, state and local nondiscrimination laws, etc.) employers are legally obligated to investigate complaints (harassment, discrimination, retaliation, safety and ethical) in a timely manner. In addition, any appropriate corrective action is required to be taken by the employer to ensure illegal actions/behaviors cease immediately.
A prompt response to employee complaints, concerns, misconduct, etc. will not only generate the best information and evidence, it will also show the employer's good faith and credibility. Every complaint has the potential to become a lawsuit; therefore, employers should investigate every case in a manner in which it can be presented to a court of law, if necessary. As potentially disruptive as investigations can be, they must be prompt, thorough and effective to ensure everyone's protection.
Areas Covered In the Session:
- The importance of an investigation
- When to conduct an investigation
- Consequences of not conducting an investigation
- Determining who should conduct the investigation
- Characteristics of an effective investigation
- What to do when you receive a complaint or concern
- Confidentiality and Retaliation
- How to plan the investigation
- How to prepare interview questions
- Effective interview techniques
- How to document information
- Determining the results of the investigation
- Preparing report of investigation results
- Concluding recommendations and action plans
Who will benefit:
- HR Managers
- Business Owners
- Labor Relations Personnel
- Management