About the Course

Course Timing : 9:00am to 5:00pm

Internal Investigations in a Diverse Legal Landscape: Your Rights and Obligations

• Internal investigations and the current environment
• Employment Law: Understanding your compliance requirements when conducting workplace investigations–Labor and Employment Issues
• How to eliminate bias in your investigation
• Avoiding common legal mistakes, such as:
  • Invasion of privacy
  • False imprisonment
  • Assault & Battery: Knowing your responsibilities in handling toxic and dangerous employee situations
  • Intentional infliction of emotional distress/outrage
  • Foolproof strategies for protecting yourself from individual liability
  • Review of hypothetical fact pattern
  • Defining an internal investigation: Your obligations as to court
  • Ensuring your investigation will stand up in court

Considerations at the Outset—Setting the Stage for a Successful Investigation

• Dealing with allegations by the whistleblowers
• When is an investigation warranted?
• Clearing barriers to perform an investigation
• Policies you should consider before starting:
  • Privacy in the workplace, E-mail/blogging policy, Equal employment opportunity policy, Sexual harassment
• Scope of the investigation
• Who should oversee the investigation? Who should conduct the investigation? Who should know about the investigation?
• Choosing your investigator: Your attorney, a third party, an agency, or the law? Find out here!
• Identifying the information you’ll need to conduct a legally sound investigation—Who should be interviewed? Get aware of what constitutes evidence and Preserving evidence/documents
• Find out when you should use surveillance methods and how to avoid breaching employee privacy
• Considerations of the plaintiff’s lawyer
• Managing the costs

Conducting the Investigation—Processes and Procedures

• Gathering documents
• Contacting witnesses
• Employee interviews—Preparing for and conducting interviews
• Scheduling the interview with witnesses, the victim, and the accused:
  • Where you should and shouldn’t conduct interviews
  • What to ask
  • What not to say
• Recording interviews: Dos and Don’ts
• Employee issues and obligations: Advice, rights and liability in light of recent cases
• Protecting confidentiality
• Former employee interviews
• When should employees or former employees have their own counsel?
• Dealing with the auditors
• Dealing with international issues: Attorney-client privilege in other countries, language issues

Ethical Issues and Privilege Traps

• Protecting the investigation: Attorney-client privilege and work-product issues
• Representational issues
• Warnings to witnesses
• Methods for recording witness statements
• Attorney participation—What you should know ahead of time
• Handling refusals to be interviewed
• Post-interview wrap-up
• Photographs, diagrams, maps, and sketches
• Collection of documents, records, and other items

• Reaching findings
• Evaluating your options: Know exactly what you should and shouldn’t include in your report
• Memorializing conclusions
• When preparing a written report, stick to the facts: How to avoid making defamatory statements in your report
• Tips for delivering your findings to management to achieve understanding and buy-in Alternatives to a written report
• Contents of the report: Detailed facts vs. legal conclusions—Documentation before, during, and after the investigation
• Coaching/counseling, Training/retraining, Verbal warning, Written warning, Suspension, Termination
• Who sees the report: Handling third-party requests
• Corrective actions/remediation: Determining what disciplinary action you
  should take
• How to wrap up your investigation when your findings are inconclusive
• Group exercise: Write a warning letter from a stated set of facts
• Which documents you must keep and which documents you should keep. How long you should keep your documents

Damage Control: Plan in Action

• Maintaining a dialogue with the regulators during the investigation—Find out what the courts and juries look for in reporting. Disclosing the investigation to regulators: Why, when and how
• Legal tips on discussing the investigation with co-workers
• Dealing with rumors, questions, and employee reactions to investigations
• Challenges posed by international investigations
• Cooperation with the government
• Waiver issues
• Public disclosure of results

Understanding Today’s ‘Must-Have’ Company Policies to Minimize Risk of Litigation

The Rules of Evidence in Workplace Investigation

[speaker-list id=3748]

Register 3 Send 4th One Free

Register 3 Send 4th One Free Any organization wishing to send multiple attendees to this course may send 1 FREE for every 3 participants registered. Please note that all the 3 participants must register at the same time to avail this benefit.

Registration Fee

Usual Price: $599

Register 3 Send 4th One Free Any organization wishing to send multiple attendees to this course may send 1 FREE for every 3 participants registered. Please note that all the 3 participants must register at the same time to avail this benefit.

Note: All payments are made in USD.
Registration fee only covers cost of all sessions, luncheon, coffee/tea & presentations. Fee does NOT include any travel or accommodation expenses. Fee is not inclusive of 5% Admin/Bank Charges.

Venue:

M Hotel Downtown by Millennium Dubai
Address: Al Asayal Street، Business Bay – United Arab Emirates
Phone: +971 4 450 2000
Website: https://www.millenniumhotels.com/en/meetings-events/middle-east/uae/dubai/m-hotel-downtown/