How Would an Employer Conduct a Legal Workplace Investigation? - Barrett & Farahany

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How Would an Employer Conduct a Legal Workplace Investigation?

How Would an Employer Conduct a Legal Workplace Investigation?

Legal Workplace Investigation

Navigating the Legal Landscape of Workplace Investigations

In today’s complex business environment, workplace investigations are essential for maintaining a fair and compliant workplace. Understanding how employers conduct these investigations is crucial for employees to protect themselves from being the victim of an illegal firing. During these investigations, “evidence” can be put together that can either prove illegal activity or protect illegal activity.

The workplace law attorneys at Barrett & Farahany can walk you through the various aspects of legal workplace investigations so you can protect yourself and avoid being made a scapegoat. Employees can find themselves misled when they think they’re helping. An attorney can help ensure a transparent and fair process.

What’s the Purpose of Workplace Investigations?

Workplace investigations serve multiple purposes, all aimed at preserving the integrity and safety of the work environment. At their core, these investigations are supposed to be about uncovering facts. They aim to determine what happened in an incident, who was involved, and whether any company policies were violated.

This fact-finding mission is crucial not just for addressing specific incidents but also for identifying areas where the company can improve its operations and culture.

The Importance of Workplace Compliance

Another reason for initiating workplace investigations is to ensure compliance with employment laws and regulations. Companies must adhere to a myriad of legal standards to avoid hefty fines and potential lawsuits. By conducting thorough investigations, organizations can protect their interests and shareholders by demonstrating their commitment to lawful practices.

Workplace investigations can be triggered by a variety of issues, such as:

  • Harassment
  • Discrimination
  • Substance abuse
  • Violence
  • Theft
  • Conflicts of interest

Each of these situations poses unique challenges and requires careful navigation to ensure a resolution that is both fair and legally sound.

Who Conducts Workplace Investigations?

Different parties can be involved in conducting workplace investigations, each bringing their own experience to the table. Human Resource professionals are often the first choice because of their training in handling sensitive issues and their role within the organization. However, it’s important to consider that HR may not always be perceived as neutral. It’s something we’ve said before: HR is not your friend. They work to protect the company. This is especially true if they have close ties with management or the parties involved.

In-House Attorneys

Legal teams, such as in-house counsel and employment attorneys, play a pivotal role in investigations that have potential legal implications. Their experience ensures that the investigation follows legal standards and that any conclusions drawn are defensible in case of litigation.

Third-Party Legal Consultants

In some instances, third parties such as outside law firms, professional investigators, or security consultants are brought in. These external parties provide an unbiased perspective, which can be particularly beneficial in complex matters or when the investigation involves senior employees.

Third-Party Legal Investigators

Selecting the right investigator is crucial. Employers should choose someone impartial, has no prior connection to the involved parties, and possesses the necessary skills to carry out a thorough investigation. The investigator’s objective is to establish facts without bias, ensuring the process is transparent and fair.

Steps in Conducting a Legal Workplace Investigation

Conducting a workplace investigation involves several critical steps that must be followed meticulously to ensure fairness and accuracy.

  • The process begins with planning and preparation, where the scope of the investigation is defined, and relevant policies and procedures are reviewed. This phase sets the groundwork for a methodical and organized investigation.
  • Next, evidence collection and analysis are conducted. This involves gathering documents, emails, and any other relevant information that can shed light on the matter. Analyzing this evidence is crucial to understanding the context and establishing a factual basis for the investigation.
  • Interviewing witnesses and involved parties is often the most complex part of the investigation. To conduct effective interviews, investigators must create a comfortable environment where people feel safe to speak openly. The goal is to obtain accurate and comprehensive accounts of what transpired. Talking to an attorney before this step can help to protect yourself.
  • Once all evidence has been collected and analyzed, the investigator makes a decision based on the findings. This involves evaluating whether a policy violation occurred and, if so, formulating recommendations for corrective actions. A detailed report is prepared, documenting the entire investigation process and the conclusions reached.
  • The final step is implementing recommendations and conducting follow-up to ensure that the necessary changes are made. This could involve disciplinary actions, training, or revising company policies to prevent future occurrences.

Contact the Attorneys at Barrett & Farahany For Help Protecting Yourself During an Investigation

Legal workplace investigations are a fundamental component of protecting and maintaining a compliant business environment. They help businesses uncover the truth, protect their interests, and foster a safe workplace for all employees.

The goal should be to resolve issues, but when this isn’t the case, be sure that you are legally protected and prepared to defend yourself in a court of law. Contact the employment law attorneys at Barrett & Farahany for help.

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