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Minimizing Legal Risk in Internal Employee Investigations HR/Internal Investigators Track Friday,
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HR/Internal Investigators Track

Friday, October 23
3:15 - 4:15pm

Given that investigations almost always have serious, far-reaching consequences, internal investigators have to consider a host of legal considerations that can impact the investigative process and outcomes. In this interactive session, the presenters will cover three critical aspects of internal investigations that every internal investigator should  know prior to conducting an investigation. The speakers will focus on the following topics :

  • Issues related to what may or may not be covered by the attorney-client privilege, specifically:
    • where the investigation itself is privileged, when it is conducted by and/or at the direction of counsel for the purpose of obtaining legal advice; and
    • where the investigation is not privileged, but the investigator wants to obtain advice from a lawyer in a privileged communication.
  • Recognizing and addressing other employment law issues that arise during an investigation (e.g., retaliation, FMLA, ADA, etc.).
  • Understanding when employees must be allowed to have a co-worker or third party present during an interview, and options for allowing it even if not required.

Speakers: Britt-Marie Cole-Johnson, Robinson & Cole, LLP; and Judy Kalisker, Principal, Compliance Plus

 

Britt-Marie Cole-Johnson 

Britt-Marie Cole-Johnson 

Britt-Marie Cole-Johnson is an associate in Robinson+Cole's Labor & Employment Section, focusing her practice on private sector employment law. She represents employers in claims of discrimination, wrongful termination, workers' compensation retaliation, and other labor and employment disputes and litigation, including affirmative action compliance evaluations involving the Office of Federal Contract Compliance Programs.

Ms. Cole-Johnson counsels companies and human resource professionals in all areas of employment and traditional labor law, including discharge and discrimination issues, workplace investigations, personnel policies and handbooks, affirmative action compliance, employee discipline, wage and hour issues, disability and reasonable accommodation, family and medical leave, unemployment, employment and independent contractor agreements, severance and separation agreements, individual terminations and reductions in force, and workplace health and safety issues. She also represents employers in related federal and state administrative proceedings, including discrimination claims before the Equal Employment Opportunity Commission and the Commission on Human Rights and Opportunities, workers' compensation retaliation claims before the State of Connecticut Workers' Compensation Commission, and retaliation claims before the U.S. Department of Labor's Occupational Safety & Health Administration. 

Prior to law school, Ms. Cole-Johnson taught in the Atlanta Public School System. She interned with Chief Judge M. Yvette Miller at the Georgia Court of Appeals and participated in Emory University School of Law's Barton Child Law and Policy Clinic.


Judy S. Kalisker

Judy S. Kalisker

Judy S. Kalisker is a human resources and compliance consultant who has conducted and managed hundreds of internal investigations including employee relations, EEO, financial reporting, fraud and quality issues.  Ms. Kalisker provides training on skills for effective, internal investigations and volunteers to lead the Massachusetts Commission Against Discrimination’s annual training on effective EEO investigations. Ms. Kalisker also is an Adjunct Faculty at Boston University’s Questrom School of Business, Department of Markets, Public Policy and Law.


Approved for 1.0 hours HRCI general recertification credit.
1.0 hours CA MCLE credit approved; 1.0 hours WA MCLE credit approved; 1.0 hours NY CLE Professional Practice Credit approved. CO CLE credit pending.

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