Misconduct Investigations: Lessons from the Employee’s Lawyer

Outline of Material

1. Seminar Overview and Legal Background
1. Purpose of Seminar
2. Role of MSPB Appeal in Evaluating Investigations
3. General Rules Governing Conduct Of Investigations
4. Harmful Error Analysis
5. Bad News for You and Good News for Employee
6. Errors in the Investigation Impacts Judge’s Assessment
7. Legal Rules
2. Common Mistakes That Impact the Credibility of the Investigation
1. Do Not Put Your Integrity into Question
2. Timeliness
3. Work-Place Searches
4. Failure to Gather Evidence on All Appropriate Elements And Defenses of the Charge
5. Investigations of Privileged Communications or Statements
6. Investigations of Constitutionally Protected Rights
7. Reliance on Arrests and Convictions without Independent Evidence
8. Failure to Understand Complex Subject Matter or Technical Rules Violations; Fiscal or Computer Matters
9. Investigation Reports Filled With Conclusions
10. Being Manipulated or Subjected To Outside Influence for Improper Purposes
11. Conducting a Biased or Unfair Investigation
12. Rights Not Given, Given Unfairly or Incorrectly/The Right To Representation
13. Mistakes in Dealing with Bargaining Unit Employees
14. Parallel Investigations
15. Defense Perspective with Warnings
16. Improper Sequence of Interviews
17. Inaccuracies in Witnesses’ Statements and Failure to Rectify
18. Flawed Surveillance
19. Investigations of Employee Claiming Poor Performance and Misconduct Caused By Disability
20. Failure to Investigate Nexus for Off-Duty Misconduct
21. Failure to Investigate the Douglas Factors
22. Retention of Notes
23. Intentional Misconduct of Investigators
24. Quality V. Quantity
25. Failure to Consult With Attorney or Personnel Specialist
26. Failure to Maintain Secrecy of Proceedings
27. Carefully Consider Investigations for Purely Politically Correct Motivations
28. Need for Privacy
29. Handling of Evidence
30. Pre-Employment Investigation of Probationers

Back to Top