Workplace Investigations in California

What is the purpose of conducting an impartial Employee Complaint Investigation?

An impartial investigation helps determine the facts when an allegation may violate company policies, standards, ethics, or the law. The goal is to ensure a fair process for both the complainant and respondent, resulting in reasoned findings based on the gathered evidence.

Who can perform workplace investigations?

Workplace investigations should be conducted by professionals with the proper expertise, credentials, and impartiality to ensure accuracy and legal compliance. At California Labor Solutions, our licensed investigators have extensive experience handling cases involving employee complaints, misconduct, harassment, and discrimination. We work closely with HR teams to provide comprehensive, unbiased investigation reports that are reliable and actionable. By entrusting your workplace investigations to us, you ensure that every aspect is handled with care and in full compliance with California’s complex labor laws.

How can I know if an investigation must be conducted?

An investigation is required when indicated by law, policy, or practice. Consider the following to determine if an investigation is necessary:

• Are key facts in conflict?
• Is there a potential policy or legal violation?
• Is there a legal obligation to investigate?
• Does the complaint involve discrimination, and is the complainant in a protected category? Even if not, would the conduct still violate company rules or ethics?

How do I avoid a conflict of interest when conducting an internal investigation?

To ensure the integrity of an internal investigation, ask the following questions to assess the suitability of the person chosen to lead the process:

• Have they worked closely with the involved parties?
• Are they aware of any prior complaints or gossip regarding the involved parties?
• Have they had negative interactions with either party?
• Are they investigating within their own reporting chain?
• Are they in a higher-ranking position than the parties involved?
• Does the case involve an executive-level respondent?
• Do they have sufficient experience and knowledge of California employment law to conduct the investigation competently?
• Can they produce a comprehensive report that includes credibility assessments and conclusions based on the facts and applicable policies?
• Are they prepared to defend their findings in a deposition or courtroom?

I’ve decided to hire an External Investigator. Will interim actions be necessary during the investigation?

If allegations involve serious misconduct such as violence, sexual harassment, or embezzlement, consider interim actions to protect your workplace. These may include:

• Administrative leave, suspension, or transfer.
• Schedule adjustments.
• Counseling.
• Temporary restraining orders.

What to Expect from California Labor Solutions

At California Labor Solutions (CLS), we specialize in providing licensed, external workplace investigations in California, handling cases of discrimination, harassment, retaliation, and other types of misconduct. With extensive experience in both the private sector and public/local government, we deliver thorough and legally compliant investigations.

We are one of the few HR firms in California licensed to conduct external workplace investigations, as only licensed attorneys, licensed private investigators, or internal HR professionals are permitted by law. Our principal investigator is a former EEO investigator, HR Director, and labor negotiator with over 20 years of experience, a law degree, and numerous HR certifications. This robust background ensures that our investigations are strategic, minimally disruptive to your operations, and result in comprehensive and reliable reports.

Our California-licensed investigators are dedicated to conducting objective and cost-effective external investigations. Based on our findings, we also provide strategic solutions to address any vulnerabilities that may have led to the issue in the first place.

Please note that the updates, advisories, and regulations we receive from the promulgating agency often contain ambiguities and are often amended, modified, or updated. This material/article/email does not contain any legal advice. The information and opinions expressed herein are based on our reasonable interpretation of the issuing agency’s publication when the opinion is expressed and is subject to change based on further developments. The effect of the opinions expressed may differ based on your particular circumstances, and it is recommended that you not rely upon these general opinions before obtaining a consultation with your legal and financial advisors.