Workplace investigations

In the current business environment, how employers respond to potential workplace misconduct can affect that entity’s reputation almost as much as the alleged conduct itself. Consistent principles and procedures must be followed whenever allegations of workplace misconduct are raised. Our attorneys have decades of experience conducting workplace investigations.  We have the skills to ensure an effective investigation process that protects the interests of our clients by (i) preventing and detecting misconduct and violations; (ii) ensuring that business activities comply with applicable laws and regulations; and (iii) identifying areas of improvement for internal business operations. 

A workplace investigation is recommended when there is credible information there may have been significant wrongdoing, misconduct or ethical lapses. A workplace investigation may also be appropriate even if there have not been specific allegations against an employee or department, but there have been allegations against others, and the investigation is intended to exclude the possibility that wrongdoing occurred within the company.  

Our attorneys regularly are engaged to conduct workplace investigations involving a myriad of issues, including but not limited to, financial irregularities, disability accommodations, whistleblower claims, and claims regarding harassment, retaliation, or discrimination. Our investigations are thorough, independent, and analytical. Our investigators carefully tailor each process to the specific needs of the client and to the specific contours of the circumstance so that investigations are personal, efficient, and cost-effective. We conduct investigations in a wide variety of industries, including public and private education, healthcare, public service, and consumer products, and our decades of legal experience in these arenas means we are intimately familiar with the challenges and complexities of each.
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An investigation is, in the first instance, fact-finding. Investigations determine, fully and credibly, what happened with respect to a particular incident – whether suspected conduct did or did not take place; what the circumstances were; who was involved; whether a violation of law or company policy occurred.  Once the fact-finding is completed, a written report will be prepared.  Written reports can be valuable aids for management to develop corrective procedures to avoid repetitions of questionable conduct. A written report, if disclosed, may also be a persuasive way of communicating to third parties that wrongful conduct did not occur or that corrective action has been taken internally.