NEUTRAL WORKPLACE INVESTIGATIONS
Workplace dynamics often generate disputes that cannot easily be resolved through internal processes. These disputes are usually interpersonal and involve giving offense: hostile work environment; bullying and intimidation; racial or religious remarks. Occasionally, however, workplace conflicts might concern allegations of serious misconduct such as theft or embezzlement, which may involve highly placed individuals within the organization.
Responsible management is aware that in today’s business environment the type of controversies mentioned above require in-depth, sensitive investigation. If such investigations cannot be handled internally, for whatever reason, and if existing counsel is conflicted out, it may be wise to engage an experienced neutral investigator.
I have conducted investigations of hostile workplace allegations; employee theft; white collar embezzlement; employee violence; and whistleblower accusations. When appropriate I have worked with management to determine appropriate disciplinary action as well as the terms of a separation agreement.
Use of an outside neutral investigator who is also an attorney has the following advantages:
- The investigator is not beholden to any person in the organization, and is free to present an objective view of the evidence.
- Because the investigator is an attorney, any communications between the investigator and management may be covered by attorney-client privilege.
Where appropriate, and with management’s permission, I may use non-attorneys to assist in the investigation and compilation of the report. Neutral investigations are charged at an hourly rate, plus out-of-pocket expenses.