Workplace Investigations
Eventually most organizations will be faced with an employee complaint, accusation, or rumor that puts the organization on notice of potentially unlawful conduct, such as discrimination, harassment, or other workplace malfeasance. Such a notice, in turn, may trigger the organization’s duty to investigate and to take steps to remedy any unlawful conduct or policy violations. Because most organizations do not typically have internal investigators on their staff, conducting workplace investigations can represent a drain on an organization’s personnel and resources. For many employers, using an external investigator is often the most efficient and impartial way to approach such investigations.
Since founding Kurker Paget LLC in 2013, we have conducted more than 250 investigations concerning a broad range of sensitive matters, including complaints of sexual assault, sexual harassment, discrimination, failure to promote or hire, wrongful termination, wage and hour violations, as well as broader human resources matters, such as concerns about company morale and leadership. We also help clients respond to internal complaints, comply with statutory requirements, protect the integrity of the work environment, and counsel clients in the event of threatened legal action.
Conduct of Investigations
Conducting an internal investigation can be daunting for employers. At Kurker Paget, we are committed to helping organizations navigate this process effectively and efficiently. As part of our investigative process we will:
Work with your organization to determine the scope of the investigation.
Conduct interviews in accordance with the highest standards of thoroughness, impartiality, confidentiality, legal ethics, and in accordance with each organization’s specific policies and practices. Whenever feasible, we conduct in-person interviews with those bringing complaints, the accuseds, and other witnesses, although we are also adept at using an array of technologies to facilitate remote interviews.
Identify, collect, review, and preserve relevant documents including emails, text messages, social media posts, and surveillance footage.
Prepare a thorough report summarizing the relevant information collected during the investigation and make objective written findings and recommendations.
After the investigation has concluded, we may also assist employers with implementing proposed recommendations and, through ongoing advice and counseling, help employers avoid future complaints and mitigate exposure to legal liability.
Remote Investigations
As a reminder, misconduct allegations that arise while employees are working remotely must be investigated. This means that employers should be prepared to conduct investigations of the same quality and degree of thoroughness as investigations conducted at the organization’s physical location. At Kurker Paget, we are experienced at conducting remote investigations, and if needed, can help organizations modify their existing investigative protocols to better reflect evolving work environments.