Workplace Investigations: 2024 Legal Updates and Trends

Date: Jan 17, 2024 9:00 a.m. – 1:10 p.m.

Location: Online

Member Price: $167

Non-Member Price: $209

Section Price: $157

Event Code: I085924

Areas of Law: Diversity, Labor & Employment

Earn up to 4.6 credits, including 2.0 in Diversity! (More Information)

Faculty

Keynote

Moderator

Elizabeth W. Gramigna, Esq.
Tribu Partners LLC, Summit

Presenters

Andrew Botwin, Esq.
Strategy People Culture, LLC, Florham Park
Kirsten Scheurer Branigan, Esq.
KSBranigan Law P.C., Montclair
Elesia L. James, Esq.
Assistant General Counsel, Trenton Public School District, Trenton
Dina M. Mastellone, Esq.
Principal, Jackson Lewis P.C., Berkeley Heights
Kimberly Porcaro, Esq.
Head of Global Employee Relations
Verizon
Steven F. Ritardi, Esq.
Carmagnola & Ritardi LLC, Morristown

Presented in cooperation with the NJSBA Labor and Employment Law Section

This year’s workplace investigations seminar explores issues that are front and center in today’s investigations: what courts consider an “effective” workplace investigation, substantive and procedural legal updates, and claims against investigators. There will be an interesting panel discussion on logistical and practical issues that often come up; such as whether to use and internal or external investigator, recording interviews, and investigation during litigation. Finally, we will end with a look at trends as we head into 2024. The program is beneficial to investigators, plaintiffs and defense counsel who need to assess or challenge an investigator’s methodology.

Topics will include:

  • Legal update
    • Case law update workplace
    • Stericycle (confidentiality instruction)
    • Update on NJ DCR best practices
    • Defamation and other claims against investigator
    • Sham investigations
    • Failure to participate in investigation either accused, complainant or third-party witnesses
  • Panel discussion
    • Choice of investigator 
    • Attorney involvement/interference in investigations 
    • Investigations during litigation? Why and why not?  
    • Use of expert witnesses 
    • Impact of social media in decision to investigate and manner of investigation 
    • When an investigation should be conducted 
    • Conflicts of interest concerns 
    • Recording of investigations 
    • Presence of representation during interviews 
  • Trends and looking ahead

CLE Credits
NJ CLE:NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 4.6 hours of total CLE credit, including 2.0 in Diversity (Full Credits Available: NJ Civil Trial Attorney Credit: 4.6, NJ Advanced Diversity: 2.0, NJ General: 2.6).
NY CLE (t&nt):NY Diversity Non-Transitional: 2.0, NY Professional Practice Non-Transitional: 2.5
PA CLE:PA Ethics Credit: 1.5, PA Substantive Credit: 2.0
New: No PACLE fee is required for this program. To earn PA CLE credits, a valid PA Bar ID number must be entered into the CLE form provided after attending the program.

Important Information About Our Events, Meetings, and More:
To secure your spot and receive important updates about our events, meetings, and other gatherings, such as schedule changes, remember to register in advance.

Digital Materials & Environmental Commitment: As part of our commitment to environmental sustainability, unless otherwise noted, all seminar materials are provided as digital downloads. You can access these materials through:

  • The “My Links” section at the top of our website for in-person or online events
  • Or, for online programs, the event access link included in your joining instructions 

Cancellation and Refund Policy:
If you need to cancel your registration and are not transferring to another program or date, please submit a written request to us at least three business days before the event, meeting, or gathering. You will receive a refund minus a $20.00 cancellation fee. No refunds or registration changes will be issued within three business days of the event, meeting, or gathering.

Stay Informed:
Registered participants will be notified of any schedule changes. For updates regarding inclement weather, please check your email or visit NJSBA.com.

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By participating in our events, meetings, or other gatherings, you agree to be photographed and/or recorded. Additionally, all media content captured during these gatherings will become the property of NJSBA. This content, including your image and name, may be used in our future promotional materials without additional consent or compensation.

Scholarship & Financial Assistance Policy:
Read our Scholarship & Financial Assistance Policy and submit an Application here: https://njsba.com/njicle/cle-programs/scholarship/