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What Every In-House Counsel Needs to Know About Internal Investigations

What Every In-House Counsel Needs to Know About Internal Investigations

In a recent In-House Connect webinar titled “Internal Investigations for In-House Counsel,” experts Heather Woolley from Axiom and Teri Bouchard from Acxiom shared their knowledge and practical advice for managing internal investigations. The session provided valuable insights into the complexities and best practices for handling employee complaints and maintaining compliance.

 

Here are the top five takeaways from the webinar:

 

The Importance of Communication: Effective communication among HR, management, and legal departments is paramount when dealing with employee situations. Heather Woolley emphasized that clarity and coordination are essential to ensure policies and procedures are properly followed and that all parties are informed about any accommodations or disciplinary actions.

 

Handling Sensitive Information: Teri Bouchard stressed the necessity of managing sensitive information responsibly. If a situation merits escalation due to ethical obligations, it should be handled accordingly, even if confidentiality is requested. This approach ensures that the company addresses potential risks appropriately.

 

Investigation Objectivity: Investigations must be conducted with the utmost objectivity, particularly when there might be bias or conflicts of interest. Woolley mentioned the scenarios where external or third-party investigators are beneficial, especially if internal HR is the subject of the complaint or if inter-departmental issues arise.

 

Compliance and Legal Counsel: Both Woolley and Bouchard highlighted the importance of compliance with legal structures. Employees have the right to legal counsel during investigations, and it is crucial to encourage cooperation in the fact-finding process while respecting these rights. Additionally, maintaining attorney-client privilege and understanding its nuances plays a significant role in internal investigations.

 

Using Investigation Data Effectively: The session underscored the value of utilizing investigation data for organizational advantage. Implementing robust case management systems can help track complaints across various locations and identify trends. Increased training, particularly in response to the rise in ADA claims, can mitigate risk and ensure compliance.

 

The webinar provided a comprehensive guide to managing internal investigations effectively. By prioritizing clear communication, handling sensitive information with care, ensuring objective investigations, complying with legal requirements, and leveraging investigation data, in-house counsel can navigate the complex landscape of employment law and mitigate potential risks. Connecting with experienced professionals, like Heather or Teri, via LinkedIn can further aid HR-related inquiries.

 

Missed it? You can watch the recording via IHC On-Demand!

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