Complaints of misconduct within an organization can occur at any time. Organizations and institutions must be ready to conduct a prompt, neutral, and thorough investigation, while being mindful of protecting employees from being branded by a complaint as well as preserving any privilege with in-house or external counsel who is involved in the investigation.
Our consultants have performed thousands of complaint investigations and are skilled in the complicated and often litigation-bound issues organizations and institutions face when an investigation is required. They have faced every type of complaint - harassment, discrimination, retaliation, and many other kinds of misconduct. Our consultants, also have the background and skills to serve as effective fact witnesses.
There are at least three reasons why an organization should consider using a neutral, third party investigator:
- Credibility. Using an outside investigator indicates that you, the employer, take allegations of misconduct seriously, want to find out what really happened, and are willing to live with the consequences. An outside investigator is an independent fact-finder who plays no part in discipline or future opportunities for investigation participants.
- Retaliation. An employee who raises a complaint is often concerned that the organization will retaliate against them. Using an outside investigator allows the company to conduct an investigation while the organization and its employees carry on without perceptions about the process affecting the team.
- Privilege. Using an outside investigator provides a bright line separating sensitive discussions from the investigative process, so the privilege can still be preserved.