Workplace Investigation Frequently Asked Questions

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.