Effective internal investigations are essential to both employment law compliance and litigation-avoidance. Most routine employee complaints can be adequately investigated by an employer’s HR personnel (or other internal resources). However, there are a number of scenarios where an employer is best served by retaining an independent “outside” investigator with employment law expertise. EKSLS President and founder, Eric Smith, has decades of experience in employment law compliance and workplace investigations, and Eric has the know-how and skills to effectively investigate all types of employee complaints and personnel issues.
A well-conducted investigation can help absolve an employer of liability for a number of employment law claims. In workplace harassment cases, an employer can usually avoid liability if it responded to the alleged misconduct with an appropriate internal investigation and adequate remedial measures. An effective workplace investigation can also insulate an employer from liability in discrimination and retaliation cases where the plaintiffs attempt to prove their case by denying that they engaged in the conduct that precipitated the challenged employment decision. Under the case law addressing this issue, the plaintiff’s claim will ordinarily fail if the adverse employment decision was based on particularized facts from an independent investigation.
Because of the crucial role workplace investigations play in employment cases, plaintiffs’ attorneys aggressively scrutinize and challenge any investigations that were conducted. Having represented employers in hundreds of such cases, Eric is intimately familiar with and uniquely equipped to close-off the various avenues by which such investigations are attacked. Eric conducts unassailable investigations that are backed up with bullet-proof documentation.
Our workplace investigations complement the legal services provided by traditional employment lawyers. Relatively few employment lawyers will perform workplace investigations because doing so will make them “fact witnesses” in any ensuing lawsuit, thus precluding them (and their law firms) from representing the employer in the case. Therefore, when the need for an outside investigator arises, most practicing employment attorneys advise their clients to retain an attorney-investigator from outside their firm.
When the need for an outside investigator arises, responsiveness and prompt action are key. EKSLS is available 24/7 to fulfill your workplace investigation needs nationwide.