Workplace Investigations

With federal agencies increasingly teaming up to enforce regulations, it’s more important than ever to follow clearly established processes for conducting internal workplace investigations. Acting promptly and effectively after receiving a complaint of potential misconduct or suspicion of wrongdoing can dramatically reduce a company’s legal risk and show employees that their employer takes concerns seriously and is committed to supporting a positive workplace environment for all.

Fisher Phillips’ Workplace Investigations Practice Group attorneys have extensive experience in all types of workplace investigations, including discrimination, harassment, retaliation, workplace violence, threats, fraud, theft, embezzlement/defalcation, substance abuse, and off-duty illegal/prohibited conduct. Our team includes former senior in-house leaders, former government attorneys, and seasoned trial lawyers with decades of experience conducting, overseeing, and training others on internal workplace investigations.

We’ll provide comprehensive and effective workplace investigation services tailored to your specific needs and objectives.

Independent Workplace Investigations. We regularly conduct complex, confidential internal investigations into a broad range of highly sensitive workplace matters. This encompasses both privileged and non-privileged investigations into matters with potentially significant financial, legal or reputational exposure, including those involving company executives. Our attorneys have conducted workplace investigations for Fortune 500 companies (including their boards of directors and audit committees), privately held corporations, financial services companies, healthcare organizations, higher education institutions, non-profits and governmental agencies. Our team is also experienced investigating allegations of corrupt practices in foreign countries. Quickly and confidentially, we’ll mobilize our Workplace Investigation Rapid Response Team to secure pertinent information, assess whether interim action is appropriate, conduct a fair and impartial investigation, and deliver specific findings and recommendations.

Advising Companies on their Own Internal Investigations. We routinely provide guidance to companies’ internal investigators, including in-house counsel, human resources leaders, safety professionals, and others responsible for investigating potential misconduct or other violations of policy. We can help ensure the investigation is privileged, as appropriate, and that it is properly documented and responsive to the complaint. When an investigation involves potential reputational harm or otherwise involves a high visibility matter, we also assist with an internal communication strategy and collaborate with crisis management consultants as needed under the specific circumstances.

Training Companies’ Internal Investigators. Members of our team regularly train in-house counsel along with human resources, employee relations, occupational safety and health professionals, and others on best practices for conducting effective internal workplace investigations. We’ll work with you to specifically tailor the content so it addresses your company’s specific policies, procedures, and processes. Learn more about Fisher Phillips’ Workplace Investigations Training Program.

Assessing and Enhancing Reporting and Investigation Processes. We can assess your policies and procedures to enhance the effectiveness of your organization’s workplace investigations and ensure that you are conducting confidential, fair, and defensible investigations that comply with applicable laws and regulations. Our team includes attorneys experienced in conducting and advising on workplace investigations and in helping companies build the infrastructure needed for an effective investigation program, including ethics hotline procedures, notification and escalation requirements, and ensuring timely litigation holds.

If requested, we can review your key policies regarding employee conduct (e.g., harassment, retaliation, workplace violence, drugs and alcohol, etc.) and your code of conduct or code of ethics to ensure these policies best support your objectives. This sort of gap assessment is often undertaken in combination with our training program.