Workplace Investigator Frequently Asked Questions
Q: When should we hire an external investigator for a workplace complaint?
A: Organizations should consider hiring an external investigator when there are conflicts of interest (such as complaints involving HR or senior management), when specialized expertise is needed, when internal relationships could compromise objectivity, or when maintaining credibility and demonstrating commitment to fair investigations is crucial. External investigators are also valuable for complex, high-stakes cases with significant legal or reputational consequences.
Q: Why does it matter if the workplace investigator is an attorney?
A: Using an attorney-investigator may allow the investigation to be covered by the attorney-client privilege, which provides an extra layer of confidentiality. Additionally, attorney-investigators often have deep knowledge of employment laws and training in advanced interview techniques. Their legal writing experience may allow them to provide more defensible reports. While non-attorney investigators can conduct competent workplace investigations, attorney-investigators may provide additional expertise and legal protections that can be invaluable in today’s complex workplace environment.
Q: How do you manage a workplace investigation?
A: We typically meet virtually with counsel for the organization or the person with the organization who contacted us. We receive basic information about the workplace concern, discuss the preliminary scope of the investigation and usually identify a point person with whom we work on the logistics of interview scheduling. We create an investigation plan that may evolve throughout the investigation, along with the scope as necessary. We identify individuals to interview, documents, and other potential sources of evidence to review. The investigation is conducted from a neutral perspective and results in findings regarding the facts alleged. After we complete the investigation, and based on a preponderance of the evidence standard, we typically will either “substantiate” or “not substantiate” certain allegations. The goal is a clear, defensible finding based on what the evidence reflects.
Q: What deliverables will we receive?
A: Prior to providing anything in writing, we often meet with the organization’s outside or inside counsel to summarize our findings and answer any questions. It is at this point that an organization typically chooses whether or not to receive the results in writing. Most clients choose either a detailed written report or a concise executive summary, depending on their needs. Both outline the scope, factual findings, and key evidence upon which the investigators relied.
Q: How quickly can you begin an investigation?
A: We typically begin within a few days of engagement.
Q: What interviewing approach do you use?
A: We conduct impartial interviews, ask fact-based questions, and document responses.
Q: How do you balance confidentiality with a fair process?
A: Confidentiality is protected to the extent possible, while providing parties a fair chance to be heard and to respond to relevant facts.
Q: What outcomes are typical at the end of a harassment investigation?
A: We provide clear findings of fact, which allows the decision-makers to determine next steps.
Q: How does an External Attorney-Investigator Maintain Neutrality and Credibility?
A:
- We are hired to be neutral and have no stake in the outcome of the investigation.
- We adhere to a transparent, standardized process: define investigative scope, interview all witnesses without leading questions, and base our analysis and conclusions strictly on the evidence received.
- We maintain procedural fairness for all parties, allow each to respond to evidence, and consistently communicate using a respectful and professional tone.
- We don’t represent any party in litigation.
Q: What is the Value of an Investigation on Workplace Culture?
A: A well-conducted, neutral investigation can reinforce the organization’s commitment to fairness and accountability, fostering trust among employees.
Demonstrating impartial handling of issues encourages future reporting and cooperation and creates a culture where employees believe their concerns will be taken seriously.
Defensible findings, shared appropriately, can identify systemic issues and lead to improved policies, better training, and a safer, more respectful workplace for everyone.