Workplace Investigations

Often, employers become aware of the need to investigate through an employee complaint or a report of inappropriate conduct. These complaints can come through formal complaint processes or even informal avenues. Once an employer is aware of an employee allegation or other report of potentially problematic workplace behavior or conflict, that employer should address those allegations or reports. In many cases, an investigation is needed to determine whether the concerns are substantiated, so the employer can take the best possible actions to resolve personnel issues and reduce future employer liability.

Workplace investigations often focus on EEO/protected class allegations (those involving sex, race, religion, national origin, disability, and others), as these allegations may result in legal liability. Investigations can also be used to look into other types of allegations, including reports of employee conflicts; complaints about conduct that may violate workplace policies; and even potentially criminal allegations of workplace-related violence, theft, and other behaviors.

Employers may choose to do an investigation themselves or to outsource it to a third party. Any investigator you use should be trained, experienced, discreet, thorough and impartial. Although handling an investigation internally is one option, it may present some challenges. If one party is at the manager or executive level, or if the organization is small, handling the investigation internally may lead to later claims of bias or conflict of interest. In those cases, or in cases where no one internally has sufficient experience or training to conduct an investigation, outsourcing it is a good idea.

All Employers Council investigators are attorneys trained in investigation technique, strategy and analysis. Using Employers Council to conduct your investigation ensures that you have a trained, neutral investigator and a well-drafted, thorough report to support any subsequent decisions. Additionally, Employers Council Consulting and Enterprise members may obtain legal advice regarding workplace management and next steps during and after an investigation from an Employers Council attorney.

Employers Council investigations are billed on an hourly rate, rather than a flat fee. Investigations come in many shapes and sizes, and, often, the complexity and number of parties involved is not known at the outset. To get a better idea of scope, contact our Investigations team.

An Employers Council investigation will include all interviews, including summary statements drafted by the investigator and approved by the individual parties and witnesses, and a comprehensive investigative report. The report will include all evidence, a detailed analysis of each allegation, credibility analyses and factual conclusions that are based on a preponderance of the evidence standard. Contact Workplace Investigations to view one of our sample reports.

As the investigative report contains factual conclusions only, you may want legal advice as to next steps when the investigation is concluded. If you are an Employers Council member, our Employment Law Services division can assist you in interpreting the investigation results and determining the best way to address the findings.