Investigations

Has one of your employees ever alleged that a co-worker or manager has behaved in a discriminatory, harassing or abusive manner towards them or another co-worker? Or has your company ever suspected employee misconduct?

Now, what do you do???

Your company’s best protection is to promptly conduct a fair, impartial, thorough investigation into the allegations before determining its response. A proper investigation can prevent loss of employee morale, breach of confidentiality and potential, costly litigation among many other negative outcomes.

An external investigation can be especially beneficial if:

• You don’t have an HR department or other appropriate internal resources to conduct an investigation.
• You do have an HR Department, but you don’t have someone trained to conduct such investigations.
• There is a possibility that the internal investigator will need to be called as a witness in the event of litigation.
• The person to be investigated holds a high-ranking position or is in HR.
• Your internal investigator’s objectivity has been compromised in some way.
• Your internal staff is simply overloaded with other priority matters.

You can count on The EmpLAWyerologist Firm to handle this investigation in a discreet and thorough manner.

Here’s How We Can Help:

• If you have an investigation policy, we can review it and ensure that it affords you both the ability to conduct a proper investigation and the most appropriate protection. If you do not have an investigation policy, we can help you implement one.
• We can provide training to your managers so that they understand how to take complaints seriously and how to respond appropriately.
• We can conduct the investigation, providing you statements of parties and witnesses and a catalog with descriptions of the evidence reviewed, and finally, provide a recommendation as to appropriate discipline in light of the specific allegations and circumstances.
• We can also provide training to your managers and/or H.R. staff so that they will be able to conduct proper investigations in the future.

Types of investigations include without limitation:

• Sexual and other Unlawful Harassment
• Retaliation
• Discrimination
• Accommodations – Disability and Religion
• Violence and Conflict
• Adequacy of Policies and Procedures
• Performance, Discipline and Termination
• Diversity Issues
• Whistleblower
• Employee Misconduct, Theft, Fraud

A properly conducted investigation by a neutral party with Employment Law expertise often will either be an invaluable tool in resolving an internal complaint or the compelling evidence you will need if the matter escalates to a lawsuit.