LARGE SIZE EMPLOYERS

Even larger organizations with access to employment counsel and a staff of HR professionals have the need for outside consultants to support them in addressing certain workplace challenges.

Workplace Investigations

Even when an employer provides its managers with the best trainings, it is almost inevitable that a complaint of harassment, discrimination or retaliation from a current or former employee will arise. Who you bring in to conduct an investigation is critical to demonstrating that your company took the complaint seriously and took the appropriate action by engaging an investigator with a legal background, complete impartiality, and solid experience in conducting investigations.

An employer can conduct an investigation utilizing internal HR resources. However, there are often circumstances which may call into question the impartiality of an internal investigator or, in the case of serious allegations against a senior executive, requires a highly confidential investigation. Furthermore, conducting an effective, neutral investigation is a specialized, professional skill.

With extensive experience conducting prompt and thorough internal investigations, I possess keen skills in conducting interviews, managing challenging witnesses, meticulous data collection, as well as credibility assessments. My goal in every investigation is to provide a concise, yet in-depth, report with reasoned conclusions that can be used by employers and their attorneys to make sound employment decisions.

Investigations can be conducted under the attorney-client privilege between myself and your organization, or without the privilege so that I may testify in a future deposition or trial related to the investigation.

I am a member of the Association of Workplace Investigators.

The Aftermath of an Investigation

One of the most difficult circumstances in which conflict arises is following an investigation in which both employees remain in the workplace. Yet most employers simply tell the employees to “go back to business as usual”, not addressing the damage to their working relationship, which often bleeds beyond the two individuals.

This kind of unresolved conflict is particularly damaging to the workplace and highly likely to result in serious consequences, including widespread resentment, lower productivity, poor workplace morale and, of course, potential litigation. If your organization has already conducted an investigation, facilitating a conversation aimed at repairing the working relationship is a critical step that should not be overlooked.

As a certified mediator, I bring the mediation and intervention skills necessary to alleviate this particularly difficult situation. I make it possible for the parties get past a contentious investigation and focus on restoring their working relationship.

Workplace Conflict

Conflict is a normal part of life in any organization, large or small. However, ignoring workplace conflict allows the problem to grow and become more difficult to resolve, draining the energy of all involved. However, by promptly and appropriately responding to workplace conflict, your organization will maintain a workplace atmosphere conducive to work, healthy relationships and job satisfaction.

One of the most difficult circumstances in which conflict arises is following an investigation in which both employees remain in the workplace. Yet most employers simply tell the employees to “go back to business as usual”, not addressing the damage to their working relationship, which often bleeds beyond the two individuals. This kind of unresolved conflict is particularly damaging to the workplace and highly likely to result in serious consequences, including widespread resentment, lower productivity, depressed workplace morale and, of course, potential litigation. If your organization has already conducted an investigation, this is a critical step that should not be overlooked.

As a certified mediator, I bring the mediation and intervention skills necessary to resolve conflict-riddled situations such as:

Interpersonal conflicts: I provide employees a neutral, objective point of view and safe environment to help them engage in an honest conversation, better understand each other, and, if possible, reach agreements that satisfy both their needs. For individuals who were the complainant and subject of a previous investigation, I have the expertise and experience to help them get past this highly-charged situation.
Team intervention: Significant organizational changes can trigger conflict within or between teams. I will lead the team to identify and analyze issues, encourage problem-solving and collaboration, to result in stronger and more engaged teams.
Conflict coaching: This is an invaluable skill for managers and human resources professionals who are overwhelmed with requests from employees to “solve their problem”. Your staff can be trained in conflict coaching and increase their own conflict management skills while enabling them to instruct others to effectively handle their own interpersonal disputes.

Developing Better Managers

Most managers recognize obvious forms of harassment, discrimination and retaliation. However, many managers are unaware that their management style may put them at risk for a claim of harassment, in addition to contributing to turnover and reduced employee morale.

I offer individualized coaching/training to managers whose conduct, while not a policy violation or illegal, is creating problems in the workplace. Going the extra mile to train a manager on the less apparent ways upon which an employee could base a complaint can save your organization the tremendous expense and time of a lawsuit, as well help your managers create positive working environment. I am also available to provide trainings on harassment, discrimination and retaliation prevention which meet California legal requirements.

Strengthening ER Skills

When a serious employee relations issue explodes, your first call is to your HR and ER professionals. They are responsible to find the balance between the lawyers who filter their analyses through the lens of litigation and management which is solely focused on “making the problem go away”.

Often facing conflicting legal advice and business demands, it is difficult to decide how to consistently achieve the best overall result for the organization and its employees. Yet, taking the wrong action can cause tremendous damage to the workplace. Worse, your organization may be at risk for costly legal actions.
There is a no single solution to high-risk employee relations issues; each set of circumstances necessitates individualized attention due to the myriad of factors which must be considered. The human and business implications of such complex situations require a solid methodology.

With my legal background and practical experience, I partner with your in-house HR team to strengthen their ability to effectively assess and address challenging workplace issues by teaching them my “common-sense ER” approach based on:

A model to effectively analyze and assess the critical elements of an employee relations issue
A methodology to more accurately calculate potential liability and develop the most realistic and practical options
A strategy to address the aftermath of serious employee relations issues to return the workplace to a harmonious and productive environment.

With this training, your HR and ER professionals will be prepared to present the most realistic and practical options for your organization and employees even when faced with the most challenging employee situation.