Editors: Patricia Y. Beety, Jennifer R. Coates & Lawrence P. Schaefer
The Second Edition of the Internal Employment Investigations Handbook is written and edited by leading attorneys in the area of employment law. The Handbook provides a comprehensive overview of workplace investigations, including pre-investigation considerations, managing electronic evidence, interviewing employees and making credibility determinations, reporting investigations findings and conclusions, managing privilege, considerations for potential criminal misconduct, investigations in public sector workplaces, and much more! The Internal Employment Investigations Handbook provides thorough, in-depth analysis of the issues that employers and investigators should be aware of when conducting internal investigations. The chapters in the Handbook explore:
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CHAPTER ONE
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 TWO
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)Handing Documents; Conclusion
– Cynthia A. Bremer & Colton D. Long
CHAPTER THREE
Effectively Interviewing Employees
Preparing for an Investigative Interview; Opening Statements and 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
– Jillian M. Kornblatt, Melissa Raphan & Samuel Richter
CHAPTER FOUR
Making Credibility Determinations
Introduction; Who is Telling the Truth?; Credibility Assessments; The Written Credibility Analysis; Indeterminate Credibility
– Fran Sepler
CHAPTER FIVE
Reporting Investigation Findings and Conclusions
Should a Written Report Be Prepared?; Preparation, Delivery, and Retention of a Written Report; Preparation, Delivery, and Record of Delivery of a Verbal Report; Conclusion
– Jillian M. Kornblatt, Melissa Raphan & Samuel Richter
CHAPTER SIX
Managing Privilege During and After the Investigation
Introduction; “Selective Waiver” of Internal Investigation Materials; Scope of the Waiver; The Internal Investigation as an Affirmative Defense; Non-Lawyers and Non-Legal Advice; Electronic Communications; Communications with Former Corporate Employees; Inadvertent Disclosure of Privileged Materials; The Crime-Fraud Exception; Fiduciary Dity Exception and ERISA; International Law Regarding Privilege; Joint Defense Privilege; Self-Critical Analysis Privilege; Appendix A – Confidentiality, Cooperation, and Joint Defense Agreement
– Cassandra M. Jacobsen
CHAPTER SEVEN
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; Tennessen Warnings for Government Employees: A Key Consideration in Workplace Investigations; Managing Conflicts of Interest; The Obligation to Defend and Indemnify; Joint Defense Agreements: Pros and Cons; Pitfalls in Handling Witnesses, Electronic Information; and Post-COVID Challenges; Minnesota Rule of Professional Conduct 1.13 and the Obligation to “Report Up or Out”
– Deborah R. Autrey
CHAPTER EIGHT
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
– Anna L. Yunker
CHAPTER NINE
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. §§ 1681–1681X; 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
– Jenny Gassman-Pines & Phillip M. Kitzer
Table of Authorities
Subject Index
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