Detecting Truth, Deception and Lies when Conducting an Workplace Investigation

Overview:

Workplace investigations are often associated with cases of harassment, discrimination, or bullying, but they extend far beyond these issues. Investigations may be necessary for incidents involving theft, safety violations, retaliation, vandalism, working off the clock, substance abuse, social media misconduct, and breaches of company policy. Each type of investigation requires a unique approach, and understanding the nuances of each situation is essential for conducting a thorough and fair inquiry.

In most organizations, HR professionals typically lead these investigations, though in some cases, management might step in. But there are situations where an outside investigator, such as a consultant or IT specialist, may be better suited. How do you determine the best person to investigate each type of incident? Do you have protocols in place to assess when to involve outside expertise?

Conducting an investigation is both a science and an art. The "science" involves following structured protocols to ensure all procedural details are covered, minimizing liability for the organization. This includes documenting every step of the process, gathering evidence meticulously, and ensuring that every “i” is dotted and every “t” is crossed. Are you confident that your processes uphold this level of precision and compliance?

Equally important is the "art" of investigation, which focuses on the human element. Investigators need to build rapport with interviewees, create a safe and supportive environment, and remain sensitive to the fact that individuals involved in investigations are often under considerable stress. How comfortable are you in balancing empathy with objectivity, ensuring interviewees feel heard and respected, while still maintaining a rigorous and unbiased process?

As an employer, you have a legal and ethical duty to investigate complaints, especially those involving harassment or discrimination, where timeliness is critical—often requiring action within 48 hours. But what happens when you encounter a reluctant complainant, a hesitant witness, or an uncooperative alleged wrongdoer? Are you prepared to handle resistance effectively without compromising the integrity of your investigation?

Documentation is a foundational element of any investigation. From the initial complaint to the final report, every detail counts. Do you know the key elements that make your documentation defensible in the event of future scrutiny? Are your final reports comprehensive enough to minimize liability? Furthermore, if the investigation requires searching an employee’s workspace or personal items, such as a desk, computer, or locker, do you understand the legal and procedural boundaries for conducting these searches?

At what point should legal counsel become involved, and what evidence is crucial to gather to build a solid case? These are challenging questions that every investigator, regardless of experience, must be able to answer confidently.

In this webinar, we will delve into these issues, offering best practices that ensure a fair, impartial, and effective investigative process. You’ll learn strategies to foster a positive work environment, protect both employees and the organization, and significantly reduce the risk of liability. Everyone responsible for conducting investigations must understand the full scope of the process. Having prior experience is not enough; a well-rounded understanding of both the art and science of investigation is essential for navigating today’s complex workplace landscape.

Areas covered during the session:

• Duty to Investigate
• Definition of Harassment and Bullying
• Effects of Harassment and Bullying
• Determining Who Should Investigate
• Taking Interim Actions
• Speaking to the Accuser
• Identifying and Speaking to Witnesses
• Review Information and Follow up
• Speaking to the Accused
• Make a Determination
• Notifying Parties
• Writing the Investigation Report
• Example
• Action Items
• Questions

Why should you attend?

Workplace investigations are an essential yet challenging responsibility, requiring both technical precision and a compassionate approach. This webinar will equip you with a comprehensive understanding of how to manage a wide range of workplace incidents, from harassment and discrimination to more nuanced issues like social media misconduct and policy violations. Whether you’re an HR professional or a manager, you’ll gain insights that empower you to act swiftly and confidently.

In this session, you’ll learn how to balance legal compliance with the human side of investigations. By exploring best practices for gathering evidence, interviewing effectively, and documenting findings thoroughly, you’ll minimize liability while fostering a safe, transparent environment for all involved. This training emphasizes the importance of clear procedures while recognizing that those under investigation are often under stress, helping you approach each case with empathy and professionalism.

Attending this webinar also prepares you to handle complex situations, such as dealing with reluctant participants or assessing when outside expertise is necessary. With a focus on real-world application, you’ll leave with actionable strategies to conduct investigations that support a positive work environment, protect employees, and safeguard your organization against potential risks.

Who will benefit?

• HR Managers
• Compliance Officers
• Employee Relations Specialists
• Legal Advisors
• Operations Managers
• Workplace Investigators
• Supervisors and Team Leaders
• Labor Relations Managers
• Chief People Officers

Professionals responsible for managing workplace conflicts, ensuring policy compliance, and mitigating legal risks will greatly benefit from this webinar.