Our Approach to Conducting Workplace Investigations

The Importance of a Prompt, Lawful and Thorough Investigation

One of the most difficult challenges an organization can face is conducting a prompt, thorough, lawful and cost-effective investigation into allegations of potential workplace misconduct.  In fact, ensuring that such investigations are conducted swiftly, appropriately, and discreetly is essential to establishing legal defenses, preserving the attorney-client privilege, and implementing effective measures to restore employee morale and productivity.

So, when faced with allegations that an employee, independent contractor, customer, patient or other third party has engaged in wrongdoing, employers need to understand not only why it is important to conduct workplace investigations but also that, when initiating an investigation, they only have one opportunity to “get it right the first time.”  Accordingly, it is important that employers take such allegations seriously by promptly initiating an investigation and ensuring it is conducted in an effective, lawful and thorough manner.

Our California Workplace Investigation Attorneys Are Retained by Both Public Entities and Private Employers

At Miller Legal Group, P.C., our attorney investigators are retained by entities in both the public and private sectors to conduct workplace investigations

Our investigations have required us to interview and/or investigate senior corporate executives, high level city administrators, school superintendents, teachers, students, parents of public school students, employees at all levels, as well as a variety of third party witnesses.

We Rely on Our Employment Law Expertise to Conduct Efficient and Effective Investigations

We draw heavily on our many years of employment law experience and expertise to conduct thorough but efficient workplace investigations.  Once retained, we develop a reasoned plan of action for gathering relevant evidence and then execute that plan in a manner which is as efficient, non-disruptive and non-intrusive as possible.

Our employment law expertise gives us a clear understanding of how to ensure our investigations are legally sufficient and our investigation experience allows us to appropriately handle important issues attendent to workplace investigations.  These include such things as:

 

  • Privacy issues
  • Preserving the attorney-client privilege
  • Maintaining confidentiality
  • Avoiding claims of retaliation
  • Documentation and evidentiary issues

In addition, our many years of experience enables us not only to identify and effectively address legal and practical issues along the way, but also to spot subtle issues which may require further exploration to ensure a thorough investigation.  Where necessary, we work with our clients to bring in additional outside experts (e.g., digital forensic analysts, threat assessment experts in cases of workplace violence, etc.).

*      *      *

To learn more about why it is important to retain an impartial third-party investigator from outside your organization, click here.  To learn more about the advantages of retaining an experienced employment law attorney to conduct a workplace investigation for your organization, click here.

We Can Provide Clients With a Variety of Investigative Reports

After concluding the evidence gathering portion of our investigations, we prepare reports which best suit the needs of our client under the circumstances.  These may include:

 

  • A comprehensive report of our investigation and findings, including whether any policy violations occurred
  • An executive summary of our investigation and findings
  • A detailed summary of findings
  • A separate legal opinion of possible violations of law or regulations

In certain instances, we also will provide recommendations of possible corrective action.  Of course, if necessary, we remain available to testify regarding the investigation and we have the litigation experience necessary to handle the rigors associated with a deposition or trial.

We Take Our Role as Impartial Fact Finders Seriously

At Miller Legal Group, P.C., we take our role as independent and objective finders of fact very seriously; our integrity and reputation depend on it.  Accordingly, we are committed to a fair, impartial and thorough examination of the facts and we have no vested interest in the investigative outcome.

And, we will never accept an engagement unless we are confident of our ability to begin an investigation promptly and devote the time necessary to conduct a timely and thorough investigation.  Likewise, we often are able to adjust our schedules to be available on nights or weekends to accommodate work schedules, comfort levels, and confidentiality concerns.

We Also Provide Legal Consulting Services for Clients Conducting Internal Investigations

In addition to being retained as outside, independent investigators, we also regularly provide legal advice to clients using their internal personnel to conduct workplace investigations, including internal investigations of administrative complaints filed with various California and federal governmental agencies (e.g., California Department of Fair Employment and Housing (DFEH), United States Equal Employment Opportunity Commission (EEOC), etc.)

Specifically, we guide “in-house” human resources professionals or other management personnel through the entirety of the investigative process to ensure our client’s investigation is done in an effective, lawful and thorough manner.  Assuming these internal personnel are well-qualified to conduct workplace investigations and are otherwise free from any potential conflicts of interest, this can be an effective and cost-effective way to conduct such investigations.

And, We Train HR Professionals and Others About How to Conduct Effective Workplace Investigations

In addition to the foregoing, we also deliver training workshops and seminars to in-house HR professionals, business leaders and management about how to conduct effective, lawful and thorough investigations.

 

*      *      *

To speak to an Santa Monica Workplace Investigation Lawyer, contact us either by email or by telephone at (310) 426-2650.  For more information about our investigation legal consulting services or training workshops on how to conduct effective workplace investigations, click here.