Workplace Investigation Lawyers
Workplace litigation for sexual harassment and retaliation are on the rise. Creating a safe workplace for employees requires effective policies and clear reporting procedures for complaints. Failing or delaying action will only create further problems later on – including potential liability for the company and even its owners and managers.
Let us put our decades of litigation experience to work for you to prevent claims. Here’s how: when businesses are dealing with a workplace complaint or suspected improper behavior, taking prompt action is key. One of the most effective actions to take can be the retention of a Third Party Neutral Workplace Investigation, which can help to investigate, remedy the issue, ensure a safe and productive working environment for your employees, and protect your business. Prompt and quick investigations give the employer the chance to reduce employer liability while preventing future issues or incidents. For companies that suspect improper behavior may be occurring in the workplace, it is important that companies do not wait to start the investigation until they receive a complaint. Liability can occur even when the employer “should have known” of the occurrence of improper behavior.
Third Party Investigations
Our workplace investigation lawyers understand the importance of a neutral and impartial investigation. We provide effective, ethical, and comprehensive workplace investigations for businesses across the nation, including for executives/professionals, including for internal complaints and allegations of:
- Hostile Work Environment
- Sexual Harassment
- Employee Misconduct
- Violation of Section 7 Rights under the National Labor Relations Act
- Drug/Alcohol Use
- Pay Disparity/Equal Pay
- Workplace Violence/Bullying
- Embezzlement and Employee Theft
- Employee Criminal Activity
- Violations of Non-Compete/Non-Solicitation/Confidentiality Provisions
- Violations of Rules
- Violations of the Computer Fraud and Abuse Act/Misuse of Company Computer System, Unauthorized Access of Company Computer System
The scope of our investigation or review is flexible based on your particular needs, but can include recommendations about whether to investigate, recommended actions, witness interviews, document review, evaluation of evidence, research, and an investigative report. We can also provide support to your established team for conducting the investigation. For your convenience, our firm offers on-site investigations, in person, by phone, at an outside location, or via video conferencing.
Regardless as to the investigation option you choose, the most important element of an effective investigation is that it is done promptly. We offer impartial, third party services to address your issues in a timely manner and to achieve effective results.
But why might you need a neutral third party to conduct your workplace investigation instead of just a Human Resources professional or your company’s general counsel?
Our firm has experience representing both businesses (and business owners) in employment litigation, as well as representing employees. Our team includes litigators and mediators who are equipped with investigatory skills and trained in conflict resolution. With this combined experience, we have the tools and knowledge necessary to conduct a thorough workplace investigation – from simple to complex. As lawyers whose primary practice area is employment law, we have the benefits of understanding the legal aspects at play with a workplace investigation, allows us to ensure that the investigation complies with legal requirements and gives you the peace of mind of working with experienced, professional counsel. Lastly, by hiring an outside, third party, neutral to investigate workplace complaints, the company can ensure an objective review.
Other benefits to retaining an outside firm to conduct the investigation include that your general or in-house counsel will not become a witness in the case (by not conducting the investigation), if it proceeds to litigation, and you can avoid a potential conflict/conflicting your counsel out from representation during litigation by removing them from the intricacies of conducting an investigation. With our experience in employment litigation, we will complete our review/investigation in an thorough and cost efficient manner.
We work with both your upper management and General Corporate legal counsel/In House Counsel to coordinate any investigation or provide a 360-Analysis of potential risk.
Depending on the type of investigation conducted, the investigations may be admissible in court in support of showing that the company took prompt, remedial action to the problem. Alternatively, the company may wish to keep the investigation confidential. In certain situations, this may be achieved by an investigation conducted under the protections of the attorney client privilege. In those circumstances, the investigation may retain protections of confidentiality, with the possibility that it may not be discoverable in future litigation. However, situations vary.
Contact Our Experienced Workplace Investigation Firm
Whether your needs are for a fact gatherer, to determine credibility determinations, or to recommend an appropriate response to the allegations, our firm will work with you to create a plan as to the most effective type of investigation to ensure the goal of the investigation is achieved.
We service clients throughout the country and will travel to meet your needs. Contact us today to discuss our services and learn more about how we can help you with your third-party workplace investigation needs. Be proactive. Expect the unexpected and be prepared.