Workplace Investigations in California
Navigate Complex Employee Complaint Investigations with Confidence
California’s employment laws mandate that employers conduct a “prompt, impartial, and thorough” investigation into employee complaints involving harassment, discrimination, or retaliation. These investigations are crucial in addressing allegations that may be unlawful or violate your company’s policies. Failure to conduct a proper investigation could expose your business to legal risks. Each type of complaint requires a unique approach, but all must be taken seriously.
EEOC Standards for Workplace Investigations
To ensure compliance, the Equal Employment Opportunity Commission (EEOC) has established guidelines for addressing employee complaints that require investigation:
- Prompt: Investigations must be initiated and conducted promptly, as appropriate to the circumstances.
- Impartial: The investigator must be trained, experienced, and remain unbiased, avoiding any appearance of conflict or vested interest in the outcome.
- Thorough: The investigation should be meticulously planned, gathering and analyzing all relevant evidence, including credibility assessments, to reach a well-supported conclusion.
Why Licensing Matters for Workplace Investigations
In California, conducting workplace investigations is not just a matter of expertise—it’s a matter of legal compliance. Under California law, only California-licensed private investigators and attorneys are legally permitted to perform workplace investigations for external clients. This is a critical distinction, as many unlicensed individuals and firms may offer these services, putting employers at significant risk.
The Legal Risks of Using Unlicensed Investigators
If an unlicensed person conducts a workplace investigation, the consequences can be severe:
- Legal Consequences: California law (Cal. B&P Code § 7523, et seq.) mandates that anyone conducting a workplace investigation without the proper licensing could face fines of up to $10,000, imprisonment for up to one year, or both.
- Invalid Investigations: Any investigation conducted by an unlicensed individual can be invalidated in the event of a grievance, civil service appeal, or civil lawsuit. This not only undermines the integrity of the investigation but also exposes the employer to potential criminal and civil liability.
- Disastrous Outcomes: Relying on an unlicensed investigator can lead to flawed findings, which may result in improper handling of employee complaints, escalating the issue further and damaging the organization’s reputation.
Why Choose California Labor Solutions?
At California Labor Solutions, we understand the gravity of these legal requirements. Our Principal Licensed Workplace Investigator, Shawn Larry, holds a California Private Investigator License (PI#26311), ensuring that all investigations conducted by him and his team are conducted legally, objectively, and with the highest level of professionalism. We safeguard your organization by delivering investigation reports that are legally sound and compliant with California law.
Workplace Investigation Frequently Asked Questions
Common questions California employers have about Workplace Investigations
- What is the purpose of conducting an impartial Employee Complaint Investigation?
- Who can perform workplace investigations?
- How can I know if an investigation must be conducted?
- How do I avoid a conflict of interest when conducting an internal investigation?
- I’ve decided to hire an External Investigator. Will interim actions be necessary during the investigation?
Meet Your Chief Investigator:
Shawn Larry
With over 20 years of professional experience in California, Shawn Larry serves as our Principal HR Consultant & Workplace Investigator.
As CEO of California Labor Solutions, Shawn partners with clients to provide trusted, diplomatic guidance on their most crucial business decisions, offering a steady hand in navigating complex HR challenges.
Expertise
Shawn brings exceptional HR leadership and effective solutions to a wide range of public and private sector organizations across California. His professional experience spans several critical roles:
- EEO Compliance Investigator & Diversity Officer
- HR Director for multiple California Community Colleges
- Chief Labor Contract Negotiator
- HR Consultant and Investigator for a diverse array of non-profit and public sector organizations, including Community Colleges, Cities, and State/Federal Governmental Agencies, as well as private sector organizations of all sizes, from micro businesses to large enterprises with 20 to 5,000+ employees
- California-Licensed Investigator having performed hundreds of workplace investigations involving harassment, discrimination, retaliation, and other types of misconduct
- Grievance administration in unionized work environments, with experience in litigating full evidentiary administrative hearings on disciplinary appeals, discrimination/retaliation complaints, and collective bargaining agreement (labor contract) disputes
- Mediator of employee issues and complaints that may eliminate the need for a workplace investigation. The mediation may also be conducted after an investigation fact finding process is finished to ensure the parties can eliminate their conflict and agree on terms to work better together
Credentials
- J.D. from UOP-McGeorge Law School
- B.A. in Sociology from UC Santa Barbara
- California Private Investigator License (PI#26311)
- Certified Mediator specializing in complex workplace disputes
- HR Certifications earned including SPHR (Senior Professional in Human Resources) and IPMA-SCP (International Public Management Association for Human Resources – Senior Certified Professional)
With Shawn’s leadership and expertise, California Labor Solutions offers unparalleled HR and workplace investigation services, helping organizations across California manage their most challenging issues with confidence and integrity.
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.
Let’s Find Solutions for Your Workplace Investigations Challenges
Benefits of Working with California Labor Solutions
Personalized
You will have a dedicated HR Advisor. We will get to know your business and its specific needs. We will build with you the strategies to help you overcome your most significant HR challenges.
Proficient
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Phone Number
Main #: (800) 949-2049
Headquarters
28202 Cabot Rd #300, Laguna Niguel, CA, 92677
Mailing Address
PO Box 6425, Laguna Niguel, CA, 92607
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