Donnelly + Gross workplace investigation attorneys include former government attorneys and litigation attorneys with substantial experience working as employment counsel for some of the most successful and respected companies in Florida. We have decades of experience in conducting workplace investigations and training others on internal workplace matters involving discrimination, harassment, retaliation, workplace violence and threats, fraud, theft, substance abuse, off-duty conduct and illegal conduct. We also regularly handle workplace investigations in response to inquiries from federal, state and local agencies including:
- Equal Employment Opportunity Commission (EEOC)
- Florida Commission on Human Relations (FCHR)
- Local Equal Employment Opportunity Commissions
- Department of Labor, Wage and Hour Division
- Department of Justice
We provide comprehensive and effective investigations services customized to your needs.
It is important to consider that a well-run workplace investigation can facilitate in-house resolution and remove the risk of litigation. For example, under the Faragher-Ellerth defense, an employer may remove or limit the risk of liability for claims of unlawful workplace harassment by showing it exercised “reasonable care” to prevent and promptly correct the alleged misconduct through: (1) adopting and training employees on the company’s policy against discrimination and harassment; (2) conducting a swift investigation upon learning of claims of harassment; and (3) taking steps reasonably calculated to prevent the alleged harassment from reoccurring. See Faragher v. Boca Raton, 524 U.S. 775 (1998); Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998).
An impartial and well-run workplace investigation can save money overall by shutting down legal disputes early on, simplifying any subsequent litigation, and avoiding full blown litigation. A bad workplace investigation, or none at all, can significantly raise the risk of litigation and liability.
While some matters may be investigated internally by human resources, more complex matters require legal guidance. Reliance on legal guidance helps ensure that the investigation is well-documented and responsive to the underlying complaint.
For serious matters with potential legal liability, hiring an experienced legal investigator like our workplace investigations attorneys can be one of the best investments an employer makes. Serious matters include discrimination and wage investigations initiated by federal, state and local agencies; allegations made by a complainant who has hired a lawyer; claims made against a manager or corporate officer; and instances where the potential consequences are significant and may require legal representation to take corrective actions and avoid immediate damage to the employer’s reputation, license, or ability to continue operations and avoid incurrence of significant later damages, penalties or other financial consequences. In these cases, the perceived and actual impartiality of the investigator is essential.
Using an outside legal investigator rather than an internal investigator demonstrates the employer takes such claims seriously and signals the impartial nature of the investigation. And lawyers are uniquely equipped and adept at gathering facts (interviewing a witness from all angles), assessing credibility, writing a comprehensive and organized report, analyzing facts, and advising whether, given the facts collected, a violation of law might exist. Also, use of an outside attorney can help protect the attorney-client privilege between the employer and its litigation counsel.
Employers should consider the foregoing factors to determine whether a workplace investigation should be conducted by internal personnel, with or without legal assistance, or by an independent outside attorney investigator. If requested, we can also review your key policies and procedures regarding employee conduct to ensure these policies support your objectives.
We provide independent workplace investigations by experienced attorneys who will work exclusively in the neutral role. Our prompt, thorough, and objective fact-finding and credibility determinations enable employers to determine whether alleged behavior occurred and, if so, take the necessary steps to stop future misconduct from occurring and protect against potential liability. To learn more about the attorneys who perform workplace investigations for companies and governmental entities, click on these links: