Complaint, or Just Complaining?: How to Determine Whether a Formal Investigation is Necessary

As employees become more comfortable with the importance of escalating workplace concerns, HR and Legal teams must make determinations about whether an employee has raised an issue that requires a formal investigation, or can instead be handled through alternative approaches to resolution, taking into consideration the applicability of company policies, severity of conduct, and credibility of witnesses before, during, and after the investigations process. In this session, Epstein Becker Green attorneys and in-house counsel will guide attendees through:

• Determining the necessity of an investigation: Navigate the interplay of the alleged facts, the company’s legal obligations and company policies to discern whether to launch a formal investigation.
• Establishing the appropriate standard of proof: Delve into the nuances of evidentiary thresholds, from “reasonable cause” to “beyond a reasonable doubt,” as well as what standards the law may require.
• Drawing credibility determinations from witness testimonies: Balance witness reliability, persuasiveness, and potential biases, and navigate through complex narratives and testimonial discrepancies.

CLE Information:
(1) CLE Credit (NY) 
Professional Practice (Suitable for transitional and non-transitional (experienced) attorneys.)