Employers: 5 helpful reasons for why you should speak to a lawyer before conducting a workplace investigation.

An employee at your organization has just had a complaint lodged against them for allegations of misconduct.

What do you do now?

You might be thinking: “Should I speak to a lawyer before I begin my workplace investigation?

Professional reading computer monitor.

Here are five reasons why speaking with a lawyer before beginning a workplace investigation should be your next move:

  1. You have legal obligations: As an employer, you have a duty to maintain a safe workplace for all parties involved, including both the accused and the accuser. This duty extends to ensuring procedural fairness for the subject of the investigation.
  2. You’ll need advice on if or when you should engage with police: Employers often grapple with whether to involve the police in cases involving alleged misconduct. Factors such as professional obligations and the presence of vulnerable populations can influence this decision.
  3. Preparing for the process is critical: Rushing into an investigation without understanding the facts, providing adequate notice, and allowing time for preparation can compromise the integrity of the process.
  4. You’ll need help managing the process to mitigate risks: Failing to report or investigate allegations properly can expose employers to legal liabilities. Consulting a lawyer helps mitigate these risks by ensuring compliance with legal requirements.
  5. You must collect information and potential evidence with great care: It’s crucial to seek legal guidance on retaining information relevant to the investigation, including technology usage and chain of custody for devices like work phones and computers.
Lawyer and professional looking at a monitor.

Don’t delay – protect yourself and your organization, call Greenwood Law before you do anything else.

 

Greenwood Law has helped scores of employers navigate the murky and stressful process of workplace investigations.