ABOUT HR ON TRIAL
HR on Trial, KSBranigan Law’s signature investigation training workshop, has been decades in the making. This innovative workshop was developed and carefully crafted by Kirsten Scheurer Branigan, the firm’s Managing Partner, based on her 30 years practicing employment law as an advocate, investigator, trainer, neutral, and expert witness. Not only has she testified during the trial and deposition phases of litigation regarding the effectiveness of investigations, but also before the New Jersey Division on Civil Rights regarding the ground-breaking written best practices for investigations in New Jersey, set forth in a February 2020 Report entitled, Preventing and Eliminating Sexual Harassment in New Jersey.
HR on Trial is designed to enhance the skills of internal investigators and enable them to conduct effective investigations. The workshop emphasizes common pitfalls to avoid and trusted protocols to use to ensure effective investigations that can withstand scrutiny if later challenged in litigation. Our trainers cover a broad array of topics, ranging from fundamental key investigation steps to more nuanced advanced issues, culminating in an interactive role play.
KEY INVESTIGATION STEPS
- Recognizing Protected Conduct & Investigation Triggers
- Selecting a Fair and Impartial Investigator & Bias Considerations
- Considering Interim Measures & Minimizing Retaliation
- Giving Balanced Confidentiality Instructions (EEOC/NLRB)
- Using Proper Questioning & Notetaking Techniques During Interviews
- Responding to Requests to Record Interviews or to Have Representatives Present
- Assessing Credibility & Understanding Methods of Corroboration
- Making Well-Reasoned Findings & Avoiding Legal Conclusions
- Evaluating Evidence & Applying the Correct Burden of Proof
- Drafting Clear Written Reports, Utilizing Exhibits & Maintaining Records
- Communicating Results, Taking & Monitoring Corrective Action
ROLE-PLAY
Our role-play scenarios are designed to be both informative and entertaining to maximize engagement, typically utilizing a pop-culture theme. Currently, we are engaging participants with A Very Wicked Take on Workplace Investigations, based on the recent movie.
- Act One: Mock HR Interviews of the Complainant & Investigation Subject
- Act Two: Mock Deposition of the HR Professional
- Act Three: Mock Cross-Examination of the HR Professional at Trial
ADVANCED TOPICS
- Preserving Attorney-Client & Work-Product Privileges
- Mitigating Unconscious Bias & Enhancing Cultural Competence
- Interviewing Neurodiverse Participants
- Managing Uncooperative & Challenging Witnesses
- Considering Privacy Issues Surrounding Investigations & Monitoring
- Utilizing Trauma-Informed Interview Techniques
MEET OUR TEAM
Our attorney team has decades of litigation, investigation, and training experience. Drawing on their extensive collective experience, our seasoned employment law attorneys engage workshop participants using interactive dialogue, anecdotes from real-life scenarios, and role-play to highlight potential areas of vulnerability and demonstrate how investigation weaknesses can increase the risk of legal exposure. Our non-attorney team members are skilled at helping to manage our complex and fast-paced investigations, participating in interviews and assisting with the preparation of comprehensive investigation reports.
INTENDED AUDIENCE
HR on Trial is suitable for investigators at all skill levels and can be tailored to the client’s investigation team’s skill level. The intended audience is internal investigation teams, including personnel in human resources, employee relations, legal, compliance, and leadership.
For more information, contact Kirsten.Branigan@KSBraniganLaw.com
