Investigation Consulting and Training Services

We Provide Legal Counsel to Those Conducting Internal Investigations

In addition to being retained as neutral, independent third-party investigators, Miller Legal Group, P.C. also regularly provides oversight and legal advice to “in-house” human resource professionals or other management personnel who are conducting internal investigations for their organizations.  Our attorney investigators use their employment law knowledge and litigation experience to help our clients conduct thorough and effective internal investigations of alleged wrongdoing in the workplace.

We also advise clients about whether a workplace investigation should be initiated in the first place and, if so, will guide internal “in-house” investigators throughout the investigative process, from start to finish.  We will work with your organization to ensure your investigations are conducted in a lawful, logical and efficient manner that complies with your organization’s legal investigative duties.

We Help to Ensure Your Internal Investigations Are Thorough and Defensible In Court

Further, our employment law experience and expertise enable us to identify often subtle but important issues during an investigation which, if overlooked, have the potential to to undermine an otherwise effective investigation and unnecessarily expose an organization to significant additional liability.

 

Examples of Issues On Which We Provide Legal Advice

We will provide legal advice to clients on various issues, including:

  • The preservation of potentially relevant evidence
  • The proper scope of an investigation
  • Interim remedial measures to be taken in connection with any alleged or suspected wrongdoing
  • The nature and extent of communications with employees about their obligations to cooperate with an investigation
  • The nature and extent of communications with former employees or third parties about participation in an investigation
  • Priority and/or sequence of witness interviews
  • Areas of inquiry to be covered with certain witnesses
  • The propriety of electronic or other searches, including of personal items located on your organization’s property
  • Other issues of personal rights of privacy, including data privacy
  • Whether an employee has the right to have an attorney or co-worker present during an interview
  • Preserving the confidentiality and integrity of an investigation
  • Preserving the attorney-client privilege
  • The importance of making credibility determinations and findings of fact based on the evidence

After witness interviews have been conducted and tangible evidence has been gathered, we help our clients determine what, if any, additional interviews or follow-up interviews should be conducted as well as what, if any, additional tangible evidence should be collected.  Upon conclusion of the evidence gathering process, we work with our clients to synthesize the information gathered and prepare a truthful and accurate written report of the investigator’s findings of fact.

We Help Clients Determine and Implement Appropriate Remedial Measures

We then advise clients about whether appropriate remedial or corrective measures  need to be taken in the wake of the internal investigator’s findings of fact, and, if so, what is appropriate under the circumstances (e.g., written warning, suspension, termination, or other discipline; employee reassignment or transfer; one-on-one or other counseling; retraining; etc.).  Likewise, we counsel clients about advising parties critical to an investigation about the outcome, including but not limited to obligations, if any, under the Fair Credit Reporting Act (“FCRA”), as amended by the Fair and Accurate Transactions Act of 2003 (“FACTA”) as well as the California Investigative Consumer Reporting Act (“ICRA”).

We Also Provide Legal Counsel to Clients Investigating or Responding to Administrative Complaints Filed with Government Agencies

Sometimes, the very first time an organization learns of certain alleged workplace misconduct is in connection with an administrative complaint filed by an employee or former employee with a California or federal governmental agency or in response to an investigation initiated by such a governmental agency.  Such governmental agencies include:

 

  • California Department of Fair Employment and Housing
  • California Labor Commissioner (Division of Labor Standards Enforcement)
  • California Employment Development Department
  • California Department of Industrial Relations
  • California Occupational Safety and Health Standards Board
  • United States Equal Employment Opportunity Commission
  • United States Department of Labor, Wage and Hour Division
  • United States Department of Health and Human Services
  • United States Occupational Safety and Health Administration

Under such circumstances, we guide employers through the process of determining what investigative measures must be taken (see above) and assist in the process of preparing a substantive response to the underlying allegations and/or requests for information.

 

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We Deliver Training Workshops on Conducting Effective, Lawful and Thorough Workplace Investigations

At Miller Legal Group, P.C., we also deliver training workshops to in-house HR professionals, business leaders and members of management about how to conduct effective, lawful and thorough investigations.  While every investigation is different, our employment law attorneys use their legal knowledge and expertise to teach your human resource professionals and management employees to identify issues which need to be investigated, the legal significance of the issues presented, how to effectively and comprehensively interview witnesses and finally how to accurately synthesize and capture the evidence gathered into a comprehensive report.

For example, during our workshops, we train participants on all of the following:

  • The types of conduct or complaints which trigger the need for a workplace investigation
  • Initial steps an employer should undertake before beginning the investigation
  • Steps an employer should take to preserve evidence that will or may be relevant to the investigation
  • Preliminary information, if any, to be reviewed before actually commencing the investigation itself
  • Measures to take in preparation for conducting witness interviews
  • Best practices for conducting witness interviews
  • Handling unique situations which invariably arise during an investigation
  • Assessing additional follow-up measures to be undertaken as part of the evidence gathering process
  • Steps to be taken by the investigator once he/she is satisfied that he/she has gathered sufficient evidence to make factual findings and assess the credibility of witnesses
  • Determining what should be in an investigator’s written report and how detailed it should be
  • Determining what action, including corrective or remedial measures, should be taken upon the conclusion of a workplace investigation

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For more information about our investigation legal consulting services or training workshops, please contact one of our Long Beach Workplace Investigation Law Attorneys  either by email or by telephone at (310) 426-2650.