To conduct a workplace investigation, the investigator must be impartial, objective, unbiased, and possess the necessary skills and time to conduct the investigation[1]. When choosing the investigator, consider the following:
- Licensure requirements: the investigator must be licensed to conduct a workplace investigation in the state.
- The level of specialized expertise needed to address the topic of investigation.
- Perceived and actual impartiality.
- The investigator should not have a personal relationship with the involved parties.
Key factors
Licensing
Some jurisdictions require private investigator licenses and/or compliance with PI statutes for external workplace investigators. Jurisdictions might vary with the requirements; therefore, you must be familiar with your jurisdictional rules to avoid any legal risks for your company. In California, external investigators must be licensed private investigators or attorneys acting in their capacity as an attorney (See Business and Professions Code Section 7520 et seq.)
Conflicts of Interest
If you choose your internal team to perform the investigation, you must consider the investigator’s status and knowledge. Also, if they have worked or had interactions with the involved or are under the reporting chain of the complainant or accused, the investigator’s impartiality could be questioned or compromised. Thus, having an external investigator conduct the workplace investigation, avoids any conflict of interest that may surface. When considering an external party, you should ensure that the investigator has accurate certifications depending on your jurisdiction regulations, whether they are lawyers or non-lawyers. Additionally, asking if they have a real or perceived conflict with the investigation topic or the people involved is always good practice. It would be best to consider whether the person has performed several investigations for you to the extent that their impartiality could be questioned or compromised.
Cultural Competence
A key factor you should consider when deciding the Investigator is cultural competence, which comes from understanding and interacting effectively with people from other cultures[2]. Make sure the Investigator has:
- A basic understanding of their own culture.
- A willingness to learn about the cultural practices and worldviews of others.
- A positive attitude toward cultural differences and a readiness to respect those differences.
How can California Labor Solutions help you?
We conduct objective and unbiased Workplace Investigations that help employers decide on a fair and well-documented resolution and strategically prepare to minimize future risks. Our investigative team and HR leaders use their combined expertise to develop solutions for the gaps that left you vulnerable in the first place. California Labor Solutions LLC is one of the few HR firms based in California licensed to conduct external Workplace Investigations. Avoid the risk and do it right the first time. Engage with a licensed HR consulting firm. If you need affordable premium workplace investigation services, California Labor Solutions LLC is your best option. For a complimentary consultation, please contact us at (800) 949-2049 and visit our website at www.californialaborsolutions.com [1] Guiding Principles for conducting workplace Investigations, AWI, 2012-2022. [2] Workplace Investigations Basics, AWI, 2023.