Training Course Syllabus:
Advanced Internal Investigations
Our Advanced Internal Investigations Certificate Program is an advanced course on internal investigations.
It goes beyond the basic what, why, and how of conducting an internal investigation and focuses - through both lecture and dynamic classroom discussion - on complex legal situations involving Title VII, ADA, anti-discrimination, and other regulatory areas.
You also will learn best practices for handling FMLA and disability fraud and post-investigation issues such as preparation for unemployment and arbitration hearings, insurance claims, and litigation.
All of these are critical issues, and senior leadership often turns to HR for advice and counsel when these issues arise...but if you don’t know how to handle these issues – both immediately and correctly – it could mean fines, penalties, and worse for your organization. That’s where this course can help.
Key Benefits Of Attending
Consisting of both lecture and Interactive Exercises where you get to practice what you learn, this two-day workshop provides you with the knowledge and skills you need to reduce employee complaints, minimize risk and legal liability, enhance your career, and most importantly, provide you with the knowledge and skills to become a better investigator.
By attending this course, you will learn practical tools, tips, and techniques to improve your investigative skills - and boost your confidence in handling sensitive and complex employee issues.
Specifically, you will learn:
- Steps for responding to – and investigating - a potential Title VII violation
- How to handle an EEOC charge
- Methods for identifying and investigating workers compensation and disability fraud
- How to properly investigate FMLA and other leave abuse cases
- What to do when you're notified of a potential violation of anti-discrimination laws
- Current issues involving the NLRB - and challenges to the investigative process
- Steps for identifying – and investigating - persons who have the potential for committing an act of workplace violence
- Best practices for gathering and preserving physical, digital, and documentary evidence
- Steps for interviewing difficult and hostile witnesses to obtain testimonial evidence
- Advanced techniques for investigative interviewing
- Proven procedures for developing, acquiring, and documenting testimonial evidence
- When - and how - to involve law enforcement in an internal investigation
- How to prepare a "court ready" investigate report
- How to handle post-investigative issues, including defending investigative finds in arbitration hearings, unemployment hearings, and insurance claims
- How to minimize the risks of retaliation and expensive legal claims against the organization
- Recent court cases: what went wrong, and how you can keep it from happening to you
Module 1: Where Are We Today, And What Can We Learn From The Past
•Current court cases that were painful lessons
•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
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,
•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
Module 4: How To Minimize Retaliation Claims Before, During, And After
•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
Module 5: Launching An Investigation: Crucial Steps To Work A Good
Case•Assessing the case type:
Theft, Misuse of Assets, Safety, EEO, Ethics & Compliance
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
Documents of conversation
Evidence log and chain of custody
Formal investigative report with exhibits
Module 6: Steps And Strategies For Physical And Documentary Evidence Collection
•Working with IT in Gathering Electronic
Proper collection of electronic physical and documentary evidence
Internet log / Virtual Private Network (VPN)
•Collecting Electronic Evidence:
Employee access card records
•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
•Incorporating into the Investigation Report
Module 7: When – And How – To Work With Law
•When is it appropriate or necessary to approach
•What to expect when working with law enforcement
Collaboration on a case
•Providing evidence and cooperation within the bounds of the law and privacy
•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
Module 8: Advanced Techniques For Developing, Acquiring, And Documenting
•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,
Action Steps Beyond The Program
Included Materials, Credits, And Benefits
A "Certificate in Advanced Internal Investigations"
Upon completion of this seminar, you will be awarded with a "Certificate in Advanced Internal Investigations". This certificate will become a permanent addition to your professional resume, and greatly enhance your value to your organization.
PHR / SPHR Re-Certification Credits!
This program is approved for 12 re-certification credit hours through the HR Certification Institute.
The Internal Investigations Training & Certification Program
As a seminar participant, you receive access to our Internal Investigations Training & Certification Program. This courses provide detailed specifics - including numerous examples, administrative tips, procedural recommendations, and interactive questions - for performing an investigation. Available online, it allows you to study at your pace and access materials anytime, anywhere with an internet connection. You also receive EIGHT additional hours of PHR/SPHR re-certification credits for this course
Unless otherwise stated, classes run from 8am to 4pm each day, starting on the dates posted herein.
An "Early Bird" discount is offered for registrations made 30 days prior to the seminar date, so register today!
Although there are no pre-requisites for attending this course, you should have experience in HR, Employee Relations, Safety, or Security/Asset Protection, and a good working knowledge of internal investigations prior to attending.
For professionals who are fairly new to investigations, it is highly recommended that you attend our
Internal Investigations Certificate Program first, as it is designed specifically for individuals new to an investigative role.