It takes years of experience to become an expert workplace investigator. Every case is different, and each one presents its own challenges. In time, you may learn the answers to each question you have. But who has the time, and why learn from trial and error? Join Meric Bloch, investigations expert, trainer and speaker, as he answers the questions people ask most often. Meric has developed this list over the years as he trained thousands on the investigation process. Some of the investigations questions covered will be: When does the attorney-client privilege apply? How do you resolve a he said/she said? How do you respond to common challenges made by the investigation subject?

1. Workplace Investigations:
Finally Get Answers to Your
Questions
Meric Craig Bloch, Principal, Winter Compliance LLC

2. Meric Craig Bloch
Creator of the Winter Method® for conducting workplace investigations
Compliance Officer for three multinational companies and a healthcare
system
Certified Compliance and Ethics Professional - Fellow, Certified Fraud
Examiner, and Professional Certified Investigator
Author, Workplace Investigations: Techniques and Strategies for
Investigators and Compliance Officers; The First Information Is Almost
Always Wrong; and Investigative Interviewing
Faculty, Society of Corporate Compliance and Ethics’ Basic Compliance
and Ethics Academy
Conducted approximately 500 workplace investigations

3. Question #1
Does the attorney-client privilege apply to compliance-
related investigations?

4. Question #2
Am I investigating whether the complained-about facts
actually occurred, or is there some other thing I am
trying to prove?

5. Question #3
If the hotline report appears complete, do I still need to
speak with the reporter?

6. Question #4
What do you do if the implicated employee’s manager
wants to participate actively in the investigation process
and wants you to limit the inquiries only to
substantiating whether misconduct occurred?

7. Question #5
Is an interview outline better than a script?

8. Question #6
Should someone else be in the room when I conduct an
interview?

9. Question #7
If the interviewee asks whether he / she needs a lawyer,
how do I respond?

10. Question #8
Do I have to agree to any conditions an interviewee
places on whether he / she will consent to the
interview?

11. Question #9
Can an implicated employee claim a Fifth Amendment
right not to speak to me?

12. Question #10
Is it possible to resolve a he-said she-said situation?

13. Question #11
What do you do when the implicated employee tells you
not to believe what the reporter told you because the
reporter is supposedly an untrustworthy person?

14. Question #12
If my investigation proves that misconduct occurred,
should I make a disciplinary recommendation at the end
of the process?

15. Question #13
When the implicated employee asks “what is going to
happen to me now,” how should I answer?

16. Question #14
If an implicated employee learns that I have compelling
proof against him and then offers to explain everything
about his misconduct and implicate others if the
company will simply allow him to resign, can I make that
deal?

17. Question #15
Sometimes when I am interviewing an employee who is
not the implicated of my investigation the employee
asks: “Am I in trouble?” How should I answer this
question?

18. Question #16
Can an employee withdraw a hotline report?

19. Question #17
Can an employee have an off-the-record conversation
with you?

20. Question #18
Can an interviewee record his / her interview?

21. Question #19
Sometimes I need to investigate an employee who has
been investigated in the past for some alleged
misconduct. If his current manager asks if this
employee has ever been investigated in the past, how
should I answer?

22. Question #20
What do I do if the implicated employee, in his interview,
asks me to interview some employees who I have not
already spoken to in the investigation?

23. Question #21
Employees in my company are active in social media.
In the past, I have received copies of someone’s social
media posts with a request that I investigate the person.
What is the right way to handle these situations?

24. Question #22
If you are conducting an investigation, and your
inquiries persuade you that the allegations against an
employee are meritless (or at least require some
informal coaching), do you still need to interview the
implicated employee?

25. Question #23
Can you guarantee to a reporter that he / she will
remain anonymous?

26. Question #24
Can an investigated employee get a copy of the
investigation report when the investigation is complete?

27. Thank-you for participating
Contact Meric Bloch, Principal, Winter Compliance LLC, (973) 768 3756
mbloch@wintercompliance.com
@fraudinvestigat8r
https://www.linkedin.com/in/mericbloch
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