Conducting a workplace investigation when an employee complains of discrimination, harassment or retaliation is important to identify and resolve issues within the company, transparency, and also to preserve certain legal defenses for an employer in the event of a lawsuit. 

Here are some mistakes companies frequently make when conducting an investigation:

1. Not investigating because the employee “doesn’t want to make a big deal about it.”

2. Hiring the company’s outside counsel to conduct the investigation.

3. Hiring a third party to investigate who is not a lawyer. Here, there is no attorney/client privilege and the investigative report will likely be discoverable to the opposing party.

4. Promising absolute confidentiality 

When businesses are faced with employee complaints that may turn into legal issues, it’s important to consult with employment counsel for proper guidance. This can save so much time, money and potential damage to the business reputation.

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Have we met? I’m a Florida employment lawyer, mediator and workplace investigator. I help my clients navigate tricky workplace situations and comply with employment laws. 

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