Workplace investigations may appear straightforward to the untrained eye, but they can actually be incredibly complex. Investigators often deal with highly sensitive facts, and need people to feel comfortable opening up to them fully in order to obtain the information that they require. At the end of the investigation they will produce a full and comprehensive report that leaves no stone unturned, and offers recommendations based on their professional expertise.
In other words, workplace investigators are far from amateurs. They are usually trained professionals, including many employment lawyers, who have received extensive training in how to properly conduct a neutral third-party investigation. While we do not conduct investigations ourselves, we help our employer clients by retaining a qualified third-party investigator as needed and overseeing the progress of the investigation to help clients make the difficult decisions necessary after reviewing all of the evidence presented. Or, where it is appropriate, we guide our clients as they conduct the investigation.
Contrary to popular belief, investigations do not need to be performed by lawyers. Having your lawyer conduct an investigation does not guarantee privilege or confidentiality, and a lawyer cannot be both investigator and counsel. That is why we tend to “quarterback” the investigation rather than conduct it. Furthermore, there are many well-trained investigators that are efficient and cost-effective.
