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Employment Investigations: Figuring It Out and Avoiding Liability

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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 provides 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

    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.

    Emily received her B.A. from the University of Notre Dame and her J.D. from Duke University School of Law.

    Click here for more information about Emily.

September 15, 2023
Fri 1:00 PM EDT

Duration 1H 0M

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