INTERNAL EMPLOYMENT INVESTIGATION HANDBOOK
Deskbook
ITEM #:  50091615   |   PUBLISHED:  MAY 18, 2015
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$79.00
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Internal Employment Investigations Handbook, 1st Edition

Edited by Patricia Y. Beety, Donald M. Lewis & Lawrence P. Schaefer

The Internal Employment Investigations Handbook is a comprehensive, “how to” guide to employment practices that will be a valuable resource to every employment lawyer or human resource professional. This handbook provides practical guidance for conducting effective internal employment investigations – as well as answers and analysis regarding the workplace and litigation consequences of investigation mistakes. This essential resource was written and edited by a team of experienced attorneys bringing diverse perspectives – advisors and litigators, plaintiff counsel and employer-side.

CHAPTER 1
Workplace Investigation Basics, With Special Emphasis On Pre-Investigation Considerations
Purposes Of Workplace Investigations; Pre-Investigation Considerations; The Investigation; Findings; Report; Company’s Response; Conclusion
– Leonard B. Segal

CHAPTER 2
Managing Electronic Evidence, Documents, And Other Information
Managing And Securing Documents And Electronically Stored Information; Gathering Documentation In Internal Investigations; Record Retention Policies; Pitfalls In (Mis)Handling Documents; Conclusion; Appendix A – Sample Litigation Hold
– Cynthia A. Bremer & Colton D. Long

CHAPTER 3
Effectively Interviewing Employees
Preparing For An Investigative Interview; Opening Statements/Explanations To The Interviewee; Selected Tips For Interviewing Employees; Documenting The Interview And Impressions; Additional Considerations When Interviewing A Complaining Employee/Alleged Victim; Additional Considerations When Interviewing An Alleged Wrongdoer
– Laurie Willard Olson

CHAPTER 4
Making Credibility Determinations
Who Is Telling The Truth?; Credibility Assessments; The Written Credibility Analysis; Indeterminate Credibility
– Fran Sepler

CHAPTER 5
Reporting Investigation Findings And Conclusions
Should A Written Report Be Prepared?; Preparation, Delivery, And Retention Of Written Report; Preparation, Delivery, And Record Of Delivery Of Verbal Report; Conclusion
– Jillian Kornblatt & Melissa Raphan

CHAPTER 6
Managing Privilege During (And After) The Investigation
Introduction; Appendix A – Confidentiality, Cooperation, And Joint Defense Agreement
– Veena Iyer & Sejal Winkelman

CHAPTER 7
Workplace Investigations Revealing Criminal Misconduct – Additional Considerations
Introduction: The High Stakes Posed By Crime In The Workplace; The Upjohn Privilege In Criminal Matters; The Fifth Amendment And Parallel Proceedings; Managing Conflicts Of Interest; The Obligation To Defend And Indemnify; Joint Defense Agreements: Pros And Cons; Pitfalls In Handling Witnesses And Electronic Information; Minnesota Rule Of Professional Conduct 1.13 And The Obligation To "Report Up Or Out"; Appendix A – Sample Upjohn Letter; Appendix B – Sample Joint Representation Letter
– Donald M. Lewis

CHAPTER 8
The Public Sector Workplace – Additional Considerations
Introduction; Constitutional Issues; The Collective Bargaining Agreement; Data Privacy And Disclosure; The Minnesota Open Meeting Law; Investigations Involving Peace Officers; Appendix A – Non-Subject Tennessen/Garrity Warning; Appendix B – Subject Tennessen/Garrity Warning; Appendix C – Peace Officer Subject Tennessen/Garrity Warning
– Pamela L. Vanderwiel

CHAPTER 9
Mistakes In Investigations And The Consequences
Introduction; Defamation; Retaliation; Discrimination; Invasion Of Privacy; Other Investigatory Search-Based Claims; Fair Credit Reporting Act – 15 U.S.C. § 1681 Et Seq; Breach Of Terms Of Use Or Service Of Social Networking Sites; Violation Of National Labor Relations Act – 29 U.S.C. § 158(A)(1); Other Considerations
– Howard L. Bolter

Subject Index

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