Conducting Workplace Investigations Remotely: Obligations, Technical issues, and memorialization of interviews


CLE credits earned: 1 General Credit (WA 1 Law and Legal)

Are You Prepared to be in the Zoom Where It Happens?
The COVID-19 pandemic has forced many employers to transition important business functions from in-person to fully remote with little notice. While workplaces in certain parts of the country are starting to reopen, with COVID-19 cases rising in several states, employers cannot afford to defer important employee operations — including workplace investigations – until employees are back in the office. Although employees may have disappeared from the workplace in the transition to remote work, workplace complaints as well as the obligation to promptly investigate them, have not disappeared. This course, with a Hamiltonian theme, will cover important topics investigators must address and be prepared to handle during remote workplace investigations including initial preparations, technical considerations, preliminary instructions, establishing a rapport with interviewees, identifying and weighing the importance of non-verbal cues, and memorializing the interview.

Key topics to be discussed:

• Preparations for a Remote Investigation
• Technical Considerations and Platforms for a Remote Investigation
• Preliminary Instructions and Considerations for a Remote Investigation
• Building a Rapport during a Videoconferencing Interview
• Recognizing and Weighing the Importance of Nonverbal Cues in a Remote Interview
• Memorializing the Remote Interview

Date / Time: October 13, 2020

•   1:00 pm – 2:00 pm Eastern
•   12:00 pm – 1:00 pm Central
•   11:00 am – 12:00 pm Mountain
•   10:00 am – 11:00 am Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 5 business days after the original recording date and are view-able for up to one year.

Select your state to see if this class is approved for CLE credit.

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Original Broadcast Date: October 13, 2020

Emily Wajert | Kramer Levin

Emily Wajert is an experienced employment attorney who has worked with clients in a wide array of industries including financial services, media & entertainment, technology and e-commerce.

Emily represents employers in all aspects of employment law, including accommodation, discrimination, and sexual harassment litigation. Emily also represents employers in administrative matters, including investigations by the EEOC and DOL and arbitrations before AAA, JAMS, and FINRA.

Emily provides guidance and training on employment matters including: hiring and onboarding; managing risks in employee discipline and terminations; workplace investigations of alleged harassment or discrimination; wage and hour compliance; independent contractor and exempt/non-exempt classification; leaves of absence; accommodations requests; and implementing reductions in force. In addition, Emily often prepares employee handbooks and policies for use in multiple jurisdictions and tailored to the needs of the employer’s industry and workforce.

Emily has authored more than twenty articles and alerts on key labor and employment issues for a variety of publications including Law360 and Bloomberg Law. Some of her recent favorites include “The Rise of Independent Contractor and Freelancer Protections in New York” (Star Wars themed); “Shark Week – Taking a Bite Out of New York New Pay Equity, Salary History Ban Laws,” and “Claiming the Iron Throne with a Noncompete” (Game of Thrones themed).

Recently, Emily has advised clients on COVID-19 return to work policies and practices, conducting work operations remotely, and implementing furloughs and layoffs in accordance with local, state, and federal law.
Emily graduated cum laude from the University of Pennsylvania Law School in 2017 where she was awarded the M.H. Goldstein Award for Distinction in Labor and Employment Law. Emily is admitted to practice in Pennsylvania, New Jersey and New York.

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