Investigating and Documenting Employee Misconduct: Guidance for Employment Counsel

Minimizing Exposure to Wrongful Discharge, Discrimination and Retaliation Claims

Recording of a 90-minute CLE webinar with Q&A

Conducted on Tuesday, April 23, 2013

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will provide legal and practical guidance for employment attorneys on investigating and documenting reports of employee misconduct. The panel will address who should perform the investigation, tips for conducting a thorough investigation, and techniques for properly documenting the investigation.


Employers and their counsel should closely examine their actions when investigating and documenting reported employee misconduct. An inappropriate response may expose an employer to liability for discrimination, retaliation or wrongful discharge.

When preparing for and conducting employee misconduct investigations, employment counsel must consider several legal and practical issues. Failure to address privacy and confidentiality concerns, cost considerations, and potential biases can significantly increase an employer's liability exposure.

Further, when documenting allegations of employee misconduct, employment counsel must decide what to include and what to leave out of the documentation and how to proceed when necessary documentation is not available.

Listen as our panel of employment attorneys explains legal and practical strategies for conducting and documenting investigations of employee misconduct. The panel will outline steps that counsel to employers should take before, during and after investigations to minimize litigation risks for a company.



  1. Bias considerations
  2. Selecting an investigator
  3. Conducting the investigation
  4. Documenting the investigation


The panel will review these and other key questions:

  • When should an employer appoint an attorney to conduct an investigation of employee misconduct—and what special considerations arise from the attorney's involvement?
  • What best practices should employers and their counsel use to minimize the risk of litigation when planning, conducting and documenting investigations of alleged employee misconduct?
  • What are the best practices for employment counsel when necessary documentation is not available?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Allegra J. Lawrence-Hardy
Allegra J. Lawrence-Hardy

Sutherland Asbill & Brennan

She has extensive experience handling complex multi-party, multi-jurisdictional commercial and labor and employment...  |  Read More

E. Jewelle Johnson
E. Jewelle Johnson
Senior Counsel and Chief Employment Counsel
Graphic Packaging International

She is responsible for all labor, employment, and benefits issues impacting the Company’s 13,000 employees...  |  Read More

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