Workplace Investigations: 2024 Legal Updates and Trends

Category: On Demand

Member Price: $208

Non-Member Price: $260

Product Code: ON085924

Areas of Law: Diversity, Labor & Employment

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.



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


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
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


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