Employment Investigations: Figuring It Out & Avoiding Liability



  • Presentation Date 9/15/2023
  • Next Class Time 11:00 AM MT
  • Duration 60 min.
  • Format Teleseminar
  • Program Code 09152023
  • MCLE Credits 1 hour(s)

Course Price: $89.00

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Lawyers are often called on to conduct internal company investigations of employment disputes, sometimes in anticipation of litigation.  Employers hope to obtain an independent and thorough investigation of sensitive workplace matters to assess liability. For the lawyer, there many challenges: Choosing the right investigator, asking the right questions, preserving evidence, ensuring that privacy rights are not violated, and producing a practically useful report for the employer. There are also substantial issues of preserving the attorney-client privilege.  Often, the investigation can be as sensitive as the underlying matter. This program will provide you with a real world guide to planning and conducting an employment investigation and limiting employer liability. 


  • Planning an effective employment investigation & knowing your goals
  • Understanding liability risk in investigation, including invasions of privacy
  • Determining interviewees and format/recording of interview
  • What questions to ask/information to obtain from interviewees
  • Litigation holds – what you should put in place
  • Preserving the attorney-client privilege
  • What to include in your final report



Emily Pidot is of counsel in the New York City office of Paul Hastings, LLP.  Her practice focuses on defending employers in a broad array of employment matters, including claims of discrimination, harassment, and retaliation; whistleblower matters; executive compensation disputes; and wage-and-hour class and collective actions. She regularly counsels clients on human resources policies and employee relations to prevent litigation, and also has extensive experience providing anti-harassment training to clients’ workforces.