As part of the i-Sight webinar series, here's a sneak peek at Xan Raskin sharing tips for preparing effective investigation reports.

1. Introduction
Xan Raskin, Esq., SPHR
Xan Raskin has spent her entire career solving workplace issues. As an
experienced employment attorney and workplace conflict resolution expert
for more than fifteen years, she has a 360 degree insight into the
importance of effective workplace investigations, particularly the written
summary or report.
As part of her current business, Artixan Consulting Group, she conducts
investigations as an objective third-party, trains human resources
professionals on investigation techniques, mediates employment
discrimination cases for the federal district court in New York, and provides
workplace conflict resolution consulting and training to corporations across
the U.S.
Joe Gerard
Joe Gerard is the VP of Sales & Marketing at i-Sight, a leading
provider of web-based case management software for corporate
investigations. He’s worked with companies like Dell, Coke, Allstate,
BP and more than 100 others to implement improved investigative
processes that leverage best practices and case management.
Artixan Consulting Group 2012
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2. Agenda
• Importance of Workplace Investigation Reports
• Best Practices for Organization & Structure
• Avoiding Drafting Pitfalls
• Retention of Investigation Reports
• Communicating to Third Parties
• Questions
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3. Legal Landscape
• The statistics tell the story
– 9947: Number of wrongful termination, harassment and
discrimination charges filed by disgruntled employees with
the EEOC in 2011.
– $312 million: How much U.S. employers paid in 2011 to
settle EEOC charges
– 2 ½ years: Average length, from complaint to settlement, of an
employment lawsuit.
• Formal claims can come the complainant, as well as anyone
adverse action is taken against as part of remedial action
following the investigation
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4. The Importance of
Workplace Investigation Reports
• A workplace investigation report can be an
effective tool for avoiding discrimination charges
and litigation
– Enables employer to take action, where appropriate,
to remediate any misconduct
– Provides a written record in the event of future
misconduct by the same employee(s) to substantiate
further action
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5. The Importance of
Workplace Investigation Reports
• A workplace investigation report can also be an
effective tool for reducing the cost and duration of
charges and litigation, or in limiting liability
– Reduce potential for punitive damages
– The goal should be that a judge or jury could
conclude from the report that the employer took the
issue seriously, looked into the concerns raised
promptly and thoroughly, responded appropriately,
and had a documented good faith basis for any
actions taken during or on the basis of the
investigation
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6. The Importance of
Workplace Investigation Reports
• Helps investigator remember the steps
taken if questioned about it months or
years later
• Can be used as an effective negotiation
tool in settlement discussions
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