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Navigating Workplace Investigations and Ensuring Legal Compliance: An Expert Guide with Lisa Smith

Jun 29, 2023

Navigating Department of Labor or EEOC investigations can be tricky, but being well-prepared is key to protecting your business. 

In a recent podcast episode, Lisa Smith, an EEOC-certified investigator, shares her firsthand experience dealing with such investigations and the tough questions she faced. 

This practical guide highlights the importance of having proper knowledge and documentation in place to avoid potential legal challenges. 

Addressing Terminated Employees' LinkedIn Profiles 

One burning question many employers face is whether they should require terminated employees to update their LinkedIn profiles to avoid misrepresentation. 

Employers typically don't have control over an employee's social media account, so when an employee leaves the company and still has their LinkedIn profile associated with the company, it can lead to confusion and misrepresentation. 

A potential solution to this issue is including a term in severance agreements requiring the former employee to update their profile. 

The Importance of Documentation and Training for Legal Compliance 

Having policies and procedures in place to ensure consistency in decision-making is crucial. Equally important is having up-to-date job descriptions, training records, and a policy manual. Documentation plays a vital role in legal compliance, and not having it can lead to severe consequences. 

Employers should also consider the importance of security footage and keeping it in case of a lawsuit. Being prepared for any eventuality and documenting everything is essential. 

Workplace Training and Compliance Importance 

Training and professional development for employees, particularly members of younger generations, are crucial. Job descriptions are essential in determining whether overtime should be paid or not. Ensuring that policies and procedures are in place to maintain consistency in decision-making is also vital. 

Steps to Be Audit Secure 

Being "audit secure" rather than "audit proof" is essential. To achieve this, employers should ensure they have the right documentation in place and consult with HR consultants or employment attorneys. 

Taking the necessary steps now to prevent any issues in the future is crucial for businesses to make it through an audit with minimal penalties or fines. 

In conclusion, navigating workplace investigations and ensuring legal compliance is an ongoing process that requires proper knowledge, documentation, and training. Employers should invest in professional development for their employees and consult with HR experts or employment attorneys to ensure they are in the best position to make it through an audit with minimal penalties or fines.

If you want to learn more about Navigating Workplace Investigations and Ensuring Legal Compliance, check out  

The Wannos Law Firm conducts workplace investigations, represents clients in Department of Labor and EEOC matters and performs comprehensive HR Audits for Florida businesses. Get in touch with a Florida employment lawyer so they can help you navigate through these workplace issues in order to best protect your Florida business.

The Wannos Law Firm, P.A. provides legal advice to Florida businesses. Karly Wannos is a workplace investigator for claims of discrimination, harassment and retaliation, Florida employment law mediator and provides training to businesses on employment laws. 

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