Investigating Workplace Complaints: Beyond 101

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1 Continuing Legal Education 1200 Fifth Avenue, Suite 600 Seattle, WA Investigating Workplace Complaints: Beyond 101 Washington State Convention Center 8th & Pike, Seattle Washington December 9, :25am 4:30pm 4.50 General and 2.00 Ethics CLE Credits Approved (approval # ) HRCI Credits Pending

2 Updated August 2007 CLE COURSE ATTENDANCE REPORT COMPLETE THIS FORM ONLY FOR LATE ARRIVAL OR EARLY DEPARTURE The purpose of this form is to notify the sponsor listed below if you have earned less than the available credits while attending this CLE course. Under Washington State MCLE Rules (APR 11.6(a)(1)), sponsors must report attendance at each CLE course. The sponsor s report is based on confirming your attendance as you arrive and the receipt of this form as you leave if you choose to attend only part of the CLE course. If this form is not returned, the sponsor will presume that you have attended the entire CLE course and earned full credit. If you did not attend the full CLE course, this form must be returned to the sponsor. How to calculate general/ethics credit: One credit is equivalent to one hour (60 minutes) of instruction time at an approved CLE course. Credits can be obtained in quarter-hour increments: 15 minutes of instruction equal.25 credits. No credit is given for breaks. Contact the sponsor if you have questions about which sections of the program, if any, have been approved for ethics credit. For more information see the following web site or contact the WSBA Service Center. - questions@wsba.org KING COUNTY BAR ASSOCIATION Investigating Workplace Complaints: Beyond 101 Washington State Convention Center, 8 th & Pike, Seattle, Washington December 9, 2010; 8:25am 4:30pm 4.50 General and 2.00 Ethics CLE Credits Approved Approval # HCRI Credits Pending Hours of Attendance: TIME OF ARRIVAL TIME OF DEPARTURE CLE Credits Earned: general ethics Printed Name: Bar #: I hereby certify that I have earned the number of general/ethics credits inserted above on the Credits Earned line. Signature: Date:

3 COPYRIGHT King County Bar Association 2010 The materials and forms in the course materials are published by the King County Bar Association exclusively for the use of Washington attorneys. Neither the King County Bar Association nor the contributors make either express or implied warranties in regard to the use of the materials and/or forms. Each attorney must depend upon his or her own legal knowledge and expertise in the use or modification of these materials. The view and conclusions expressed herein are those of the contributors and are not necessarily those of the King County Bar Association or any division or committee thereof.

4 The King County Bar Association would like to thank the Chairs: MARCELLA FLEMING REED MFR Law Group PLLC SUSAN N. SLONECKER King County Prosecutor's Office, Labor and Employment Section Volunteers make our programs the best in the business. We appreciate all of the hard work and effort that goes into every Continuing Legal Education programs by the volunteer chairs and faculty.

5 Investigating Workplace Complaints: Beyond 101 December 9, 2010 Washington State Convention Center, 8th & Pike, Seattle AGENDA 8:00am 8:25am 8:30am 9:15am 10:15am 10:30am 11:30am 12:10pm 12:30pm 1:30pm 2:15pm 3:00pm Registration & Coffee Service Introduction & Overview Program Chairs: Marcella Fleming Reed, MFR Law Group PLLC Susan Slonecker, Senior Deputy Prosecuting Attorney, King County Prosecutor's Office, Labor and Employment Section Employment Law Update EEO and Investigations Marcella Fleming Reed, MFR Law Group PLLC Investigations: How to Meet the Needs of Your Internal Client Susan Slonecker, Senior Deputy Prosecuting Attorney, King County Prosecutor's Office, Labor and Employment Section Flip Morse, SVP, Administration at Nintendo of America Inc. Amy J. Stephson, Employment Attorney and Coach Break Ethical Issues in Investigations Suzanne Thomas, K&L Gates LLP Scott Blankenship, The Blankenship Law Firm John Jenkel, Forsberg & Umlauf Understanding and Using Forensics Eric Blank, Blank Law & Technology P.S. Question and Answer Session Lunch (on your own) Dealing with Difficult Witnesses, Managing Evidence and Determining Credibility Kris Cappel, Seabold Group Martha Norberg, Seabold Group Susan Coskey, Seabold Group Common Failings of Investigations Jesse Wing, MacDonald Hoague & Bayless Ken Diamond, Winterbauer & Diamond PLLC Break

6 3:15pm 4:15pm 4:30pm Ethics: The Investigator as Defense Witness Mark Busto, Sebris Busto James Lawton Humphrey, Davis Wright Tremaine LLP Karen Sutherland, Ogden Murphy Wallace PLLC Question and Answer Session Evaluations and Adjourn

7 FACULTY BIOGRAPHIES Faculty Chairs: MARCELLA FLEMING REED MFR Law Group PLLC P.O. Box Mill Creek, WA MARCELLA FLEMING REED, Esq., SPHR, founded MFR Law Group, PLLC in Marcella provides human resource and employment law advice to employers, conducts management training, investigates EEO and ethics complaints, is an arbitrator for the American Arbitration Association and mediates employment disputes. She also serves as a consulting and testifying expert for both plaintiffs and defendants regarding human resource policies, procedures and practices. Marcella graduated from the University of Virginia School of Law in 1988 and obtained an M.A. and B.A. in Educational Administration and Elementary Education from the University of Iowa in 1980 and 1979, respectively. Marcella is licensed to practice law in Washington and Virginia, and is certified by the Human Resource Certification Institute as a Senior Professional in Human Resources. SUSAN N. SLONECKER Senior Deputy Prosecuting Attorney, Labor and Employment Section King County Prosecuting Attorneys Office 500 Fourth Avenue, 9th Floor Seattle, WA (206) susan.slonecker@kingcounty.gov SUSIE SLOENECKER is one of nine lawyers in the labor and employment section of the King County Proseuctor's Office. She advises various managers and HR professionals in King County government on all aspects of public sector labor and employment law. Susie also handles arbitrations and personnel board hearings and litigates cases in state and federal court. Susie has investigated employee discrimination claims and has worked with many talented investigators in King County when a King County employee claims mistreatement by his or her employer. Susie has practiced law in Seattle since Susie worked for Ogden Murphy Wallace as an associate for two years before joining the Prosecutor's office in I have concentrated my practice on labor and employment issues since King County Bar Association 1 of 10

8 FACULTY BIOGRAPHIES Faculty: ERIC P. BLANK Blank Law & Technology P.S. 157 Yesler Way, Third Floor Seattle, Washington (206) ERIC P. BLANK is the founder and Managing Attorney of Blank Law & Technology P.S., an information security and electronic discovery law firm based in Seattle, Washington. Mr. Blank s practice focuses on developing strategies to effectively manage risks related to computers, software, and private and public networks, including the Internet. Mr. Blank has served as expert, neutral, and Special Master on numerous matters relating to electronic discovery, computer forensics, document management practices, and investigations involving computers and computer networks, routinely providing testimony on such matters at all levels of state and federal courts and administrative bodies. Prior to founding Blank Law & Technology in 2001, Mr. Blank was a shareholder in the Seattle law firm of Riddell Williams, P.S. Mr. Blank received his J.D., cum laude, from the University of Michigan Law School. In an earlier career, Mr. Blank was a police officer with the Metropolitan Police Department in Washington D.C. SCOTT C. G. BLANKENSHIP The Blankenship Law Firm, P.S Third Avenue, Suite 2880 Seattle, Washington, SCOTT practices primarily in the areas of employment discrimination and wage/hour litigation, personal injury, medical malpractice, class actions, and complex civil litigation. Scott established The Blankenship Law Firm in 1993, and is dedicated to achieving the best and most efficient results for his clients through aggressive, thorough and ethical representation. He believes that no person, government, or corporate entity is beyond the reach of the law. He is committed to seeing that our court system protect, preserve, and further fundamental rights not only for his clients, but also for our nation and community. Scott was selected as a Rising Star attorney by Washington Law & Politics magazine in the practice area of Employment Law in , and a Super Lawyer in As a Super Lawyer, Scott is in the top 5% of lawyers in the state. In the June 2008 edition of Washington CEO Magazine, Scott is featured as one of the top ten Employment/Labor Lawyers in Washington State. In , Scott was also selected as one of the Top 100 Trial Lawyers for the state of Washington. He has received an AV rating, the highest rating in Martindale-Hubbell s National Law Directory. Scott is the featured lawyer in the September 2009 edition of the King County Bar Bulletin. Scott is a frequent lecturer at legal seminars and has contributed to several legal publications, and is a National Institute for Trial Advocacy (NITA) Instructor, teaching lawyers trial skills. King County Bar Association 2 of 10

9 MARK R. BUSTO Sebris Busto James SE 36nd Street Bellevue, WA (425) MARK R. BUSTO is a shareholder with SEBRIS BUSTO JAMES. He is a seasoned employment law counselor and litigator with a strong professional background in labormanagement relations. He has represented employers in discrimination cases before judges and juries in both state and federal court and has arbitrated many labor and employment matters. He has also assisted management for over 25 years in establishing and administering human resources policies and programs with a problem-prevention approach. Prior to obtaining his law degree, Mark was a management employee relations consultant to the State of California and a field representative/organizer for the California State Employees Association (SEIU). He has been named one of the Best Lawyers in Seattle and Best Lawyers in America, and identified repeatedly as a Super Lawyer by Washington Law & Politics. Mark Busto is AV Peer Review Rated by Lexis-Nexis Martindale Hubbell. PRACTICE FOCUS: Employment and Labor Litigation, Collective Bargaining and Labor Relations, Discrimination Charges, Employer Counseling, Workplace Investigations, Human Resource Procedures and Policies, Management and Employee Training, Mediation of Employment Disputes EDUCATIONAL BACKGROUND: Mark is a cum laude, honors graduate of Occidental College in Mark received his law degree from the University of Southern California Law Center in King County Bar Association 3 of 10

10 KRIS CAPPEL, JD Principal Seabold Group 811 First Avenue, Ste. 630 Seattle, WA (206) KRIS attended the University of Utah College of Law, where she graduated Order of the Coif and served on the Utah Law Review as an associate editor. Before joining Seabold Group in 2000, Kris practiced law for 11 years both as a federal prosecutor in New York and as a civil litigator in San Francisco. While at the U.S. Attorney's Office in Brooklyn, New York, Kris was responsible for a wide range of prosecutions and investigations including, tax, credit card and bank fraud, murder, racketeering, postal and bank robbery, illegal narcotics, gun trafficking, kidnapping, extortion, immigration offenses, bribery and kickback schemes and public corruption. Prior to her appointment as an Assistant United States Attorney, Kris was an associate at two large San Francisco law firms focusing her practice in the areas of auditor liability and employment law. As a member of Seabold Group, Kris has been retained to provide investigative services in a number of diverse matters including due diligence of company officers and investors, pension fraud, corporate fraud and embezzlement, sexual harassment, employee misconduct, wrongful death litigation, missing persons inquiries, clergy sex abuse, estate litigation and health care and securities fraud. In recent years, Kris has focused her practice almost exclusively on complex workplace investigations involving allegations ranging from public corruption and embezzlement to harassment and discrimination. Kris has worked closely with inside and outside counsel of public and private companies, as well as with a number of city attorneys and public sector counsel in the Pacific Northwest region. King County Bar Association 4 of 10

11 SUSAN COSKEY, JD, MBA Principal Seabold Group 811 First Avenue, Ste. 630 Seattle, WA (206) SUSAN received her undergraduate degree in history from Stanford University and attended the law and business schools at the University of California at Los Angeles, where she was a member of the Law Review. She received her JD and MBA degrees with Order of the Coif and Beta Gamma Sigma honors. Susan began her professional career practicing law in Washington, D.C., working both in private practice and as a Counsel to what was then the House of Representatives Judiciary Subcommittee on Courts, Intellectual Property and the Administration of Justice. In 1991, Susan returned to her West Coast roots and joined the Seattle-based law firm of Garvey Schubert Barer as an associate and then as a principal, where she focused her legal practice on all aspects of labor and employment law. Susan remained at the firm until 2000, when she became Vice President of Human Resources for RealNetworks, a Seattle-based public digital media company. Susan has been providing human resources, management and organizational consulting services since 2003 and joined the Seabold Group in Her work with clients focuses on organizational development and effective business processes, change and project management, team building and facilitation, employee training and coaching, HR advice and consultation and workplace investigations. Susan s clients vary from government entities and large charitable organizations/foundations to businesses and groups of all types and sizes. She belongs to various professional organizations and is active in the local community. KENNETH J. DIAMOND Attorney At Law WINTERBAUER & DIAMOND PLLC 1200 Fifth Avenue, Suite 1700 Seattle, WA (fax) ken@winterbauerdiamond.com KEN DIAMOND is a member of Winterbauer & Diamond PLLC, a Seattle-based boutique labor and employment law firm. Ken is a graduate of Yale University (B.A.), Columbia University (M.A.) and Stanford Law School. After clerking for a federal judge, Ken practiced in Washington, D.C. for several years before moving to Seattle. Ken has been identified by Chambers USA as one of the top labor & employment attorneys in Washington and listed in Washington Law & Politics as a Super Lawyer each year since King County Bar Association 5 of 10

12 LAWTON HUMPHREY Davis Wright Tremaine LLP Suite Third Avenue Seattle, Washington LAWTON HUMPHREY focuses on employment counseling, training and litigation and also performs workplace investigations. She works with employers to address employment disputes, maximizing employer interests and goals. Lawton represents employers at all stages of dispute resolution, through trial and appeal, and helps them manage difficult employment issues in ways that minimize the risks of litigation. JOHN F. JENKEL Forssberg & Umlauf, P.S. 901 Fifth Avenue, Suite 1400 Seattle, WA (206) JOHN F. JENKEL is a shareholder with Forsberg & Umlauf, P.S. His practice emphasizes professional liability defense and insurance law. Mr. Jenkel also advises insurance companies, self-insureds, law firms and corporate clients on risk management issues. He graduated from the University of California in 1980 and from Santa Clara University School of Law in He is admitted to practice in Washington and California. FLIP MORSE Senior Vice President, Administration Nintendo of America Inc. FLIP MORSE is Senior Vice President, Administration, at Nintendo of America Inc. After flunking out of college and pursuing an eight-year career as a professional rock musician, which included a top-40 hit record, Flip received his undergraduate degree from Brown University and his law degree from Harvard Law School. For many years, he was a partner in Perkins Coie's Seattle office, where his law practice concentrated on employment litigation and advice. In 2000, he joined Nintendo, a world leader and innovator in the creation of interactive entertainment. Flip is very active in charitable causes, especially those involving breast cancer and child grief. He also is an avid cyclist, snow skier, world traveler, photographer, and father of two teenagers. King County Bar Association 6 of 10

13 MARTHA NORBERG, CPA Seabold Group, LLC 811 1st Avenue Suite 630 Seattle, WA (206) MARTHA NORBERG is the founding Principal of Seabold Group, an investigation and workplace consulting firm specializing in white collar civil litigation support, criminal defense and workplace investigations and consulting. Martha was a special agent for the Internal Revenue Service s Criminal Investigation Division for approximately 12 years. She left the IRS to work as a consultant to the U.S. Department of Justice, and for 10 years she trained and provided technical assistance to Latin American law enforcement and prosecutors. Martha is a Certified Public Accountant and her investigative work has involved numerous complex civil and criminal fraud cases including mortgage fraud, laundering of drug proceeds, excise and income tax evasion, and other criminal allegations. Martha has also conducted internal investigations involving such allegations as misappropriation of government funds, fraudulent procurement processes and embezzlement, and workplace allegations including hostile work environment, whistleblower retaliation and sexual harassment. AMY J. STEPHSON Employment Attorney and Coach rd Ave., Suite 1030 Seattle, WA Phone: (206) Fax: (206) amystephson.com AMY STEPHSON is a solo practitioner who has more than 33 years of legal experience spanning government service, public interest advocacy, private practice, and teaching. For the last 15 years, she has been in private practice with an emphasis on employment law and a focus on conducting independent investigations of a wide range of employment issues. She also provides training, advice to employers and employees, and is a certified professional coach who provides workplace and business coaching for executives, managers & supervisors, other employees, and small business owners. She is a trustee of the King County Bar Association s Labor & Employment Law Section and has for many years been a Rule 9 supervisor for interns at UW Student Legal Services. King County Bar Association 7 of 10

14 KAREN SUTHERLAND Ogden Murphy Wallace, P.L.L.C Fifth Avenue, Suite 2100 Seattle, WA Phone: (206) KAREN SUTHERLAND is the Client Services Member and Chair of the Employment and Labor Law Practice Group of Ogden Murphy Wallace, P.L.L.C., which has been a leader in the legal community since Sutherland also chairs the King County Bar Bulletin Committee and writes the Bar Talk column. Sutherland received her J.D. from the University of Washington School of Law in 1984 and is a member of Phi Beta Kappa. She is a frequent lecturer, author and business advisor on discrimination, wrongful termination, non-compete agreements, employment law, and workplace issues, and she conducts workplace investigations and training. Sutherland has an AV Preeminent rating by Martindale-Hubbell, has been named a Superlawyer by Washington Law and Politics, has been named one of Washington State s most amazing attorneys by Washington CEO magazine, and has been named one of the Top Lawyers by Seattle Met Magazine. For a more detailed biography and copies of seminar materials and articles she has written, please see Sutherland is also the owner of Sutherland Art Glass. Her blown glass artwork can be seen at local galleries and online at King County Bar Association 8 of 10

15 SUZANNE J. THOMAS K&L Gates LLP 925 Fourth Avenue, Suite 2900 Seattle, Washington Phone: (206) (direct) Fax: (206) MS. THOMAS is a labor and employment partner and focuses her practice on litigation, including class action litigation, advice, and counseling on a wide range of employment issues, including discrimination, harassment, wage and hour payment and compliance, hiring, discipline, termination, EEO, privacy rights, trade secrets, non-competition, workforce restructuring, and personnel policies. Ms. Thomas has substantial background in independent investigations and advises companies on how to deal with investigative results. She also counsels directors and officers on governance issues. Her practice includes intellectual property protection and business matters, such as mergers and acquisitions, and counseling employers in high profile matters. Ms. Thomas is a frequent lecturer on trial and depositions skills, including NITA faculty, and on employment and ethics issues. She is listed in the Best Lawyers in America, and has been named a Super Lawyer since 2000 by Washington Law and Politics. Ms. Thomas, a Leadership Tomorrow Graduate, serves as a Trustee for the Greater Seattle Chamber of Commerce Board of Trustees, and as an Adjunct Professor at Seattle University Law School, teaching employment courses. Ms. Thomas is a past Trustee of the King County Bar Association Labor and Employment Section, past Trustee of the King County Bar Foundation, and a past President of the Washington Women Lawyers State Bar Association. Ms. Thomas provides advice to other lawyers regarding the Rules of Professional Conduct and serves as a mediator for employment related matters. King County Bar Association 9 of 10

16 JESSE WING MacDonald Hoague & Bayless 1500 Hoge Building 705 Second Avenue Seattle, Washington (206) JESSE WING is a trial lawyer at MacDonald Hoague & Bayless in Seattle, Washington. For the past nineteen years, he has represented plaintiffs in a broad range of civil rights and discrimination matters focusing on employment, fair housing, public accommodations, and government misconduct. Jesse is President of the ACLU of Washington and a cooperating pro bono attorney, and he serves on the Legislative Steering Committee of the Washington Association of Justice. He is former Chair of the Washington Employment Lawyers Association, and serves as chair of its Legislative Committee and an active member of its Amicus Committee. Jesse is the author of chapters on Wrongful Discharge in Violation of Public Policy and Ethics in the Washington Employment Law Deskbook (WSAJ, 2d Ed.). After graduating from Oberlin College in 1987, he obtained a J.D. from the University of Wisconsin-Madison Law School in 1991, clerked for the Honorable David Cohen, U.S. District Court of Maine, and then practiced civil rights law in Chicago. King County Bar Association 10 of 10

Giovanna Tiberii Weller

Giovanna Tiberii Weller Partner Office: New Haven, CT Phone: 203.575.2651 Fax: 203.575.2600 Email: gweller@carmodylaw.com Service Areas Appeals Employment Litigation Labor & Employment Litigation Products