Avoiding the Employee Misclassification Trap



To protect your organization, it is crucial to have an effective strategy in place from the moment you hear a complaint, concern, or when misconduct occurs. Investigating complaints, misconduct, etc. is the right thing to do to protect your company from expensive litigation. It also shows good faith efforts to ensure your decision to terminate or to not terminate was based on a thorough review of pertinent information.

When an informal or formal complaint is made, the employer should take immediate steps to stop the alleged conflict, protect those individuals involved and begin investigations. Under many laws (Title VII, ADA, ADEA, OSHA, Sarbanes-Oxley, state and local nondiscrimination laws, etc.) employers are legally obligated to investigate complaints (harassment, discrimination, retaliation, safety and ethical) in a timely manner. In addition, any appropriate corrective action is required to be taken by the employer to ensure illegal actions/behaviors cease immediately.

Workplace litigation is at record high levels. The average lawsuit settlement is $165,000 and if the case goes to a jury, the cost can soar to over $1,000,000. Failing to appropriately investigate and document complaints is one of the top reasons businesses lose money in litigation and settlement awards

This webinar will assist in ensuring employers investigate complaints and issues appropriately to protect their assets as well as avoid spend valuable time dealing with unnecessary litigation.

Areas to be Covered:

The importance of an investigation
When to conduct an investigation
Consequences of not conducting an investigation
Determining who should conduct the investigation
Characteristics of an effective investigation
What to do when you receive a complaint or concern
Confidentiality and Retaliation
How to plan the investigation
How to prepare interview questions
Effective interview techniques
How to document information
Determining the results of the investigation
Preparing report of investigation results
Concluding recommendations and action plans

Who will Benefit:

Business Owners
Vice Presidents
HR Department

Michael D. Haberman

Michael D. Haberman is Vice-President and co-founder of Omega HR Solutions, Inc., a consulting and services company offering complete human resources solutions. Mike brings over 30 years of experience in dealing with the challenges of Human Resources in the 21st century. He has a BA in Psychology from the University of California, Riverside; a Masters of Science in Industrial Relations from Georgia State University and is certified as an SPHR and SHRM-SCP. He has over 17 years experience in the class room teaching human resources fundamentals and certification preparation for multiple universities and organizations.

Mike is the author of the Human Resources blog entitled HR Observations found at OmegaHRsolutions.com , which has been recognized several times as a Top 25 in human resources related blogs. It was also been named as one of the Top 50 HR blogs to He has been selected as one of six HR bloggers to be featured on the online version of Human Resources Executive Magazine. He has also been named in the Top 10 Digital Influencers in Human Resources and most recently has been named to the top 60 most influential HR pros on Twitter.

Mike has gained a reputation as a compliance expert. He speaks on a variety of subjects to business associations, human resource associations and business based civic clubs. He has co-presented webinars on various HR related issues.


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  • Login Information with Password to join the session, 24 hours prior to the webinar
  • Presentation Handout in .pdf format
  • Presentation from the Speaker
  • Feedback form
  • Certificate of Attendance
  • Recording access Information with Password to view the webinar, will be sent 24 hours after the completion of the Live webinar.
  • Presentation Handout in .pdf format
  • Certificate of Attendance