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Answer Bar: Handling Employee Investigations in Today's Workplace

Contains material from Jun 2020 to Jul 2023

Answer Bar: Handling Employee Investigations in Today's Workplace
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Session 1: Investigating Sensitive Employment Complaints​- The investigation of an employee's complaint may be critical to an employer's only means of avoiding liability. The investigator may be a witness, and the notes may be evidence. Learn how to investigate and document the process.

Session 2: Handling and Responding to an Investigation (When Your Employees Are Remote) - As a result of the COVID-19 pandemic, many companies have transitioned important business functions from in-person to fully remote. Listen to a discussion about key practical issues for companies to consider when carrying out investigations in the remote working environment.

Session 3: Whistleblowers - A plaintiff-side and defense-side lawyer discuss protections and pitfalls for individuals and employers under state and federal whistleblower statutes.

Session 4: The New Landscape for Sexual Harassment Claims in Texas - Texas lawmakers have recently expanded the protections for employees asserting sexual harassment claims. Analyze the new longer statute of limitations, broader definition of employer, potential individual liability, heightened duty to respond, and more.

Session 5: Employee Activism and Workplace Political Speech - Analyze legal and practical implications of employee activism and political speech including best practices for employee training, policy development, and navigating related day-to-day workplace realities.

Session 6: Mediation Strategies, Solutions and Lessons Learned - The success of mediation is influenced by the information exchanged in advance, the type of mediation (remote or in-person), the inclusion or exclusion of a joint opening session, and many other factors. This panel discusses best practices for opening lines of communication, getting past the impasse, and finding a resolution.

Session 7: Ethics: Can We Talk? - This session explores the limits on attorney communication with employees, former employees, and other potential witnesses in the context of employment litigation. Special attention will be given to the ethical considerations associated with joint representation of a party and a potential witness, including concerns surrounding the use of such representation to limit the ability of the other side to communicate with a potential witness.

Includes: Video Audio Paper Slides

  • Total Credit Hours:
  • 5.25 | 1.50 ethics
  • Credit Info
  • TX, CA, PA
  • TX MCLE credit expires: 8/31/2025

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1. Investigating Sensitive Employment Complaints​ (Oct 2022)

Connie L. Cornell

1.00 0.00 0.00 1.00
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(mp4)
58 mins
(mp3)
57 mins
(pdf)
27 pgs
(pdf)
13 pgs
Session 1 —58 mins
1.00
Investigating Sensitive Employment Complaints​ (Oct 2022)

The investigation of an employee's complaint may be critical to an employer's only means of avoiding liability. The investigator may be a witness, and the notes may be evidence. Learn how to investigate and document the process.

Originally presented: Aug 2022 Essential Employment Law: A Practical Course in the Basics

Connie L. Cornell, Cornell Smith Mierl Brutocao Burton, LLP - Austin, TX

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2. Handling and Responding to an Investigation (When Your Employees Are Remote) (Jun 2021)

Jeff Barnes, Alex Bourelly, Mark J. Oberti

0.75 0.25 0.00 0.75 | 0.25 ethics
Preview Materials

Download session materials for offline use

(mp4)
48 mins
(mp3)
48 mins
Slides
(pdf)
4 pgs
Slides
(pdf)
4 pgs
Session 2 —48 mins
0.75 | 0.25 ethics
Handling and Responding to an Investigation (When Your Employees Are Remote) (Jun 2021)

As a result of the COVID-19 pandemic, many companies have transitioned important business functions from in-person to fully remote. Discuss key practical issues for companies to consider when carrying out investigations in the remote working environment.

Originally presented: Apr 2021 Corporate Counsel Institute

Jeff Barnes, Rice University, Office of the General Counsel - Houston, TX
Alex Bourelly, Baker Botts - Washington, DC
Mark J. Oberti, Oberti Sullivan LLP - Houston, TX

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3. Whistleblowers (Jul 2023)

Drew L. Harris, Austin Kaplan

0.75 0.25 0.00 0.75 | 0.25 ethics
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(mp4)
44 mins
(mp3)
44 mins
(pdf)
17 pgs
(pdf)
10 pgs
Session 3 —44 mins
0.75 | 0.25 ethics
Whistleblowers (Jul 2023)

A plaintiff-side and defense-side lawyer discuss protections and pitfalls for individuals and employers under state and federal whistleblower statutes.

Originally presented: Jun 2023 Labor and Employment Law Conference

Drew L. Harris, Office of the Attorney General - Austin, TX
Austin Kaplan, Kaplan Law Firm - Austin, TX

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4. The New Landscape for Sexual Harassment Claims in Texas (Jun 2022)

Harrison M. Smith

0.50 0.00 0.00 0.50
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(mp4)
27 mins
(mp3)
27 mins
(pdf)
18 pgs
(pdf)
14 pgs
Session 4 —27 mins
0.50
The New Landscape for Sexual Harassment Claims in Texas (Jun 2022)

Texas lawmakers have recently expanded the protections for employees asserting sexual harassment claims. Analyze the new longer statute of limitations, broader definition of employer, potential individual liability, heightened duty to respond, and more.

Originally presented: May 2022 Labor and Employment Law Conference

Harrison M. Smith, Schmoyer Reinhard LLP - Fort Worth, TX

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5. Employee Activism and Workplace Political Speech (Jun 2020)

Laura M. Merritt

0.50 0.00 0.00 0.50
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(mp4)
27 mins
(mp3)
27 mins
(pdf)
7 pgs
Session 5 —27 mins
0.50
Employee Activism and Workplace Political Speech (Jun 2020)

Analyze legal and practical implications of employee activism and political speech including best practices for employee training, policy development, and navigating related day-to-day workplace realities.

Originally presented: May 2020 Labor and Employment Law Conference

Laura M. Merritt, Boulette Golden & Marin L.L.P. - Austin, TX

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6. Mediation Strategies, Solutions and Lessons Learned (Jul 2023)

Vianei Lopez Braun, Hon. Elizabeth S. Chestney, Connor Throckmorton

0.75 0.00 0.00 0.75
Preview Materials

Download session materials for offline use

(mp4)
46 mins
(mp3)
46 mins
(pdf)
10 pgs
Session 6 —46 mins
0.75
Mediation Strategies, Solutions and Lessons Learned (Jul 2023)

The success of mediation is influenced by the information exchanged in advance, the type of mediation (remote or in-person), the inclusion or exclusion of a joint opening session, and many other factors. This panel discusses best practices for opening lines of communication, getting past the impasse, and finding a resolution.

Originally presented: Jun 2023 Labor and Employment Law Conference

Vianei Lopez Braun, Decker Jones, P.C. - Fort Worth, TX
Hon. Elizabeth S. Chestney, U.S. District Court, Western District of Texas - San Antonio, TX
Connor Throckmorton, Throckmorton Law Firm PLLC - Houston, TX

Show session details

7. Ethics: Can We Talk? (Jul 2023)

Jason Boulette

1.00 1.00 0.00 1.00 | 1.00 ethics
Preview Materials

Download session materials for offline use

(mp4)
58 mins
(mp3)
58 mins
(pdf)
40 pgs
(pdf)
20 pgs
Session 7 —58 mins
1.00 | 1.00 ethics
Ethics: Can We Talk? (Jul 2023)

This session explores the limits on attorney communication with employees, former employees, and other potential witnesses in the context of employment litigation. Special attention will be given to the ethical considerations associated with joint representation of a party and a potential witness, including concerns surrounding the use of such representation to limit the ability of the other side to communicate with a potential witness.

Originally presented: Jun 2023 Labor and Employment Law Conference

Jason Boulette, Boulette Golden & Marin L.L.P. - Austin, TX