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 of experience practicing employment law as a litigator, advocate, investigator, trainer, neutral, and expert witness. Not only has she testified about the efficacy of workplace investigations during deposition and trial phases of litigation, but she also appeared before the New Jersey Division on Civil Rights regarding the groundbreaking best practices for investigations, set forth in the 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 identifies common pitfalls to avoid and emphasizes trusted protocols to use to ensure effective investigations that can withstand scrutiny if later challenged in litigation. Our engaging and knowledgeable trainers cover a broad array of topics, ranging from fundamental key investigation steps to more nuanced advanced issues and culminate the workshop with interactive role-play.
KEY INVESTIGATION STEPS
- Recognizing protected conduct and investigation triggers
- Selecting a fair and impartial investigator and bias considerations
- Considering interim measures and minimizing (actual and perceived) retaliation
- Giving balanced confidentiality instructions (EEOC/NLRB)
- Responding to requests to record interviews or to have representatives present
- Using proper questioning and notetaking techniques during interviews
- Assessing credibility and understanding methods of corroboration.
- Evaluating evidence and applying the correct burden of proof
- Making well-reasoned fact findings and avoiding legal conclusions
- Drafting clear written reports, utilizing exhibits, and maintaining records
- Communicating results, taking and monitoring corrective action
ROLE-PLAY
Our role-play scenarios are designed to be both informative and entertaining to maximize participant 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
- Utilizing Trauma-Informed Interview Techniques
MEET OUR TEAM
Our training team has decades of litigation, investigation, and training experience. Drawing on their extensive collective experience, our seasoned employment lawyers 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 skillfully help 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. It can be tailored to the client’s investigation team and customized to address the client’s unique needs. The intended audience is internal investigation teams, including personnel in human resources, employee relations, legal, compliance, and leadership.
Location: On-site or virtual
Length: Full-day, half-day, and abbreviated programs available
Modifications to this training session can be made to meet the employer’s needs.