Employers conduct workplace investigations to establish the facts after employee conflict or wrongdoing. Investigations are important for employers to address disputes fairly and make well-informed decisions to resolve conflict.
However, an organization’s internal resources often aren’t enough to thoroughly and impartially investigate legal or ethical misconduct claims. A trained legal professional is often best positioned to conduct certain investigations to avoid prolonged disruption and potential litigation. A Phoenix workplace investigation lawyer can help organizations stay safe and compliant when complex, sensitive employee disputes arise.
Common Challenges with Employer Investigations
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A little conflict is a normal part of the working world. Human resources (HR) or other internal processes often handle minor disagreements or workplace disputes. However, when harassment, discrimination, or other serious misconduct arises, the stakes are higher for employers and personnel. In many situations like these, there is a legal obligation for employers to promptly conduct a thorough investigation into claims of wrongdoing and immediately take appropriate corrective actions. However, executing a compliant and impartial investigation isn’t always easy for employers. Some common challenges internal investigations face include:
- HR lacks the time and resources needed for a detailed investigation involving multiple employees or many documents;
- Potential for bias when senior executives or leaders are involved in wrongdoing; and
- Conflicts of interest when a member of the investigation team is a subject or witness in an inquiry.
Retaining the services of independent investigators can help address these challenges. An attorney trained as an investigator has the skills and knowledge to thoroughly investigate an incident’s facts. As an independent professional, a Phoenix workplace investigation lawyer can provide a valuable impartial perspective and conclusions free of internal bias.
When to Contact a Workplace Investigations Attorney
A workplace investigations attorney can assist with various employment disputes and situations of professional misconduct. Some common scenarios include:
- Discrimination allegations—in hiring, firing, advancement, pay, and other employment decisions;
- Harassment—sexual misconduct and harassment based on other protected characteristics;
- Retaliation—employer backlash after whistleblowing;
- Violations of company policy—theft, misuse of employer property, and substance abuse;
- Ethics violations—fraud and corruption; and
- Criminal misconduct—threats or violence.
The best time to contact a workplace investigation service is as soon as possible after reporting of the misconduct. The longer you wait to investigate, the more likely crucial evidence will be lost or eyewitness testimony forgotten.
What an Independent Employment Investigation Looks Like
The process of investigating a workplace dispute can vary depending on the nature of the incident and the number of personnel involved. However, most inquiries involve the following steps:
- Defining the scope of the investigation. An initial consultation establishes the initial facts and desired goals of the investigation. The investigator and employer agree on protocols for sharing information, maintaining confidentiality, and making decisions.
- Obtaining witness statements and conducting interviews. The investigator collects statements from all relevant witnesses and the subject of the allegations. If necessary, the investigator conducts interviews to clarify vague, confusing, or inconsistent information.
- Gathering and reviewing evidence. Relevant documentary evidence—emails, memos, performance reviews, employer reports—is collected and analyzed to verify witness statements. The investigator seeks further evidence or interviews if gaps exist in the chain of events.
- Preparing conclusions. After evaluating the evidence, the investigator produces a report with their findings. If the employer requests, they can also recommend next steps, corrective action, or disciplinary procedures.
Sometimes, an investigator can complete their inquiry in a few days or a week. When a situation is more complicated, investigations can take a couple of months. A skilled professional investigator knows how to balance meticulousness and efficiency. A fair, detailed investigation demands a high degree of attention and experience. A competent employment investigation lawyer has the training and evidence-gathering skills to complete an investigation with minimal organizational disruption.
Shields Petitti & Zoldan, PLC: Your Phoenix Workplace Investigation Lawyer
Employer investigations can be stressful for everyone involved. If performed correctly, transparent investigations allow organizations to prove their credibility and demonstrate their commitment to employee welfare. However, a poorly managed operation risks escalating conflicts and damaging internal morale and public reputation.
At Shields Petitti & Zoldan, PLC, we understand the high stakes in any employment investigation. As seasoned employment lawyers and litigators, we have the skills and legal knowledge to help employers investigate sensitive issues efficiently and confidentially. Our legal team has decades of combined experience guiding organizations through the complexities of Arizona employment law. To learn more about the support we can offer with your investigation, contact our office by phone or online.