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3 Workplace Investigation FAQ’s and Answers

Workplace investigations can create a lot of stress and tension. To avoid that, make sure you conduct them properly and consult with an attorney whenever you are unsure of best practices. We’re addressing a few frequently asked questions about workplace investigations. Keep in mind, however, each investigation may be different based on the circumstances of the incident and the workplace.

Question: What should the timeline of the investigation look like?

Answer: You should initiate the investigation as soon as possible and, likewise, conclude the investigation as quickly as possible. However, the investigation will need to last as long as necessary to ensure a thorough investigation. The timing will also depend on the seriousness of the allegation. For example, violence or threats of violence should be acted upon that day. Promptly beginning and concluding the investigation is important for stopping inappropriate behavior and preserving evidence.

Question: How should an investigator be selected?

Answer: An investigator could be an employee or it may be a third-party. There are many considerations that go into selecting a qualified investigator. First, the investigator, as well as the investigation itself, should be impartial. If the investigator has any biases that would interfere with remaining neutral, you should select a different investigator. Second, the investigator should have knowledge related to best practices for an investigation including laws regarding harassment and retaliation. You should also consider the level and type of expertise needed. For example, an investigation regarding substantive medical practice, you may want an expert with expertise in that area. In general, an attorney is an excellent resource as an investigator because they know when to hire a subject matter expert and when that is not necessary. The investigator will also need to have strong communication skills as he/she will be interviewing witnesses and providing a written or verbal report at the conclusion of the investigation.

Question: Should the investigation be kept confidential?

Answer: Confidentiality sounds great but there are some key things to know about confidentiality in a workplace environment. As an employer, you should never promise full confidentiality but may be able to promise limited confidentiality. This is because an investigator may need to disclose information as a part of the investigation.

If your company needs a workplace investigation, these questions probably only cover the tip of the iceberg. Before beginning a workplace investigation, ensure you consult with an attorney. If you are not aware of the laws surrounding workplace investigations, you could unknowingly open yourself up to liability and more headache down the road. We routinely consult on workplace investigations and would be happy to answer your questions and guide you on how to properly and legally conduct one.

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Wit of Mandate - the official blog of Simas & Associates, Ltd., is made available by Simas & Associates, Ltd. to the general public for educational purposes only.  Specifically, the entries contained within Wit of Mandate are designed to provide the general public with general information concerning California and Federal law.  Wit of Mandate does not provide specific legal advice and does not create an attorney-client relationship between the reader and Simas & Associates, Ltd.  Wit of Mandate is not an effective or appropriate substitute for obtaining legal advice from a qualified attorney licensed in your state with experience in your practice area or forum of law.

Please note that the information on Wit of Mandate may be changed without notice and is not guaranteed to be complete, correct or up-to-date. While Wit of Mandate is revised on a regular basis, it may not reflect the most current legal developments. 

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