Do's & Don'ts of Workplace Investigation: A Legal Minefield

This uniquely interactive and comprehensive program will provide a framework of best practices knowledge and will give you the confidence, skills and techniques needed to conduct a sound workplace investigation.

• Investigation approaches/philosophy
• Investigation planning, strategy
• Conducting an objective and ethically sound investigation
• Documentation from complaint through close of investigation
• Preparation, the art of questions
• The art of listening
• Training current & future investigators to all do it the same way & to do it right
• Relationship between rules & policies (Just Cause, Laudermill, contract interpretation, EEOC, ADA, etc; ) and a proper investigation
• Tools and techniques

• Role of Safety & Cyber Security
• Role of legal counsel
• Taking accurate complaints
• Documentation
• Custody or chain of evidence
• Do's & don'ts of interviewing witnesses
• Interviewing the principal (the accused)
• Writing the investigative report
• Closure (with the accused, witnesses, others)
• Retaliation: how to make a bad complaint good
• Implementation
• After action review

When it comes to investigations it's a minefield out there. So, it's imperative to know both what to do as much as what not to do. Making the right decision often turns on the quality of the investigation and especially how it was conducted because a flawed investigation can expose the employer to a significant and costly legal challenge. However, when done correctly, an investigation provides early identification of current or potential workplace issues and the opportunity to prevent such issues from repeating which can result in better business operations and higher levels of productivity regardless of what's being investigated. Therefore, this webinar will provide the participant with tools to be able to safely/properly navigate the minefield and get the most out of their investigations.

• All level Managers
• Supervisors
• Human Resources
• Employee Relations
• Labor Relations
• Attorneys

Bob Oberstein's career in Human Resources and Labor Relations spans over 48 years. Bob is uniquely qualified in this area having started out as a third-generation Union member who has represented both sides of the labor management table in both the public and private sectors in both the non-union and union workplace.

As an Interest Based facilitator he trained and coached parties on how to constructively process their negotiations to a successful conclusion thereby promoting and enhancing their relationship. Bob has also served the labor management community as a neutral fact finder, mediator and arbitrator for multiple organizations and agencies such as the Federal Mediation and Conciliation Service, American Arbitration Association, Financial Industry Regulatory Authority, Tucson Unified School District, Phoenix Employment Relations Board, Arizona Department of Education, United States Postal Service, and being a Special Master mediating and arbitrating disputes between, Fry's Food Stores & UFCW, Local 99. Several of his arbitration awards have been published by the Bureau of National Affairs as well as Commerce Clearing House and are referenced in How Arbitration Works by Elkouri & Elkouri, often considered the consummate reference in the field of arbitration. Bob was recognized in 1991 by the Federal Mediation and Conciliation Service's "Director's Lifetime Achievement Award" for promoting positive labor management relations.

Also significant in his background are the positions of Labor Relations Administrator for EBASCO Services (nuclear power plant construction for both Florida and Louisiana Power & Light); Senior Labor Relations Administrator for the Salt River Project, the local water and power utility in Phoenix, Arizona; Executive Human Resources Director for the Washington Elementary School District (largest elementary school district in Arizona); Labor Relations Administrator and chief spokesperson for the City of Phoenix, Arizona; and most recently Labor Relations Manager in the northwest United States. Bob is also a member of the Society for Human Resource Management, International Public Management Association and the National Public Employers Labor Relations Association and has been recognized by these organizations as achieving certified professional and senior certified professional status.