Workplace Audits & Investigations

Internal and external complaints may be lodged by current or former employees, external whistleblowers, or government regulators.

WHAT ARE THE TRIGGERS FOR A WORKPLACE INVESTIGATION?

Workplace investigations and audits can disrupt your normal course of business. They can create emotionally charged work environments and draw unwanted scrutiny to your management practices and your overall organizational culture. There are a variety of reasons why a company should – and in some circumstances is legally required – to conduct workplace investigations.

Common triggers include:

• Employee complaints involving allegations of harassment, discrimination, retaliation, bullying, or hostile work environments
• Whistleblower reports, whether from employees, independent contractors, vendors, or anonymous sources
• Exit interviews or post-employment disclosures where former employees reveal potential wrongdoing
• Allegations of misconduct such as fraud, theft, conflicts of interests, or violations of company policy
• Ethics hotline or internal reporting submissions that raise concerns about inappropriate or unlawful behavior
• Management observations of suspicious, unethical, or potentially wrongful conduct in the workplace
• Regulatory or government inquiries, including audits, subpoenas, or compliance reviews
• Client, vendor, or third-party complaints alleging improper actions by employees or representatives of the company
• Workplace incidents such as safety violations, workplace violence, or serious policy breaches

Internal and external complaints may be lodged by current or former employees, external whistleblowers, or government regulators. Regardless of the source, organizations often have a responsibility to respond promptly, fairly, and thoroughly to protect their employees, maintain compliance, and mitigate risk.

LEGAL FRAMEWORK AND COMPLIANCE OBLIGATIONS

Depending on the nature of the allegation or workplace incident, employers may have an affirmative legal obligation to investigate the matter. In such circumstances, the investigation regarding the workplace complaint must be conducted promptly and thoroughly. Failure to do so can result in significant liability. We help you navigate the complex web of federal, state, and local requirements that govern workplace investigations.

Getting back to business as usual

When your company comes under scrutiny, it may be paralyzing. Every move you make is under a microscope and it may feel like there are landmines in all directions. It is our job as legal counsel to step in and help you quickly return your operations back to status quo, avoiding lost profits and any additional collateral damage.

Retaining an attorney to conduct a workplace investigation can provide important legal and strategic advantages, particularly when allegations may lead to litigation or regulatory scrutiny. In many cases, engaging an attorney to lead the investigation is considered the gold standard, signaling that the organization is treating the matter with the highest level of seriousness.

Key benefits include:

• Stronger legal risk assessment
• Greater credibility and independence
• Compliance with employment laws
• Potential application of the attorney–client privilege to protect sensitive communications and investigation findings from discovery
• Strategic guidance on next steps

For hire

Companies and other attorneys often turn to us to serve as independent investigators knowing that we proceed with the highest degree of professionalism and tact. Our process is handled discreetly and with care, allowing you to focus on your business and your employees. Upon the conclusion of any investigation, we work with you to assess the best path forward relating to issuing and memorializing investigative findings, which can include detailed investigation reports detailing every element of the investigatory process.

TYPES OF INVESTIGATIONS

Our attorneys have extensive experience conducting a wide range of workplace investigations, including:

• Sexual harassment and misconduct investigations, including allegations involving executives or board members
• Discrimination and hostile work environment claims based on race, gender, age, disability, religion, national origin, or other protected characteristics
• Retaliation allegations, including claims arising from complaints of discrimination, whistleblowing, or protected concerted activity
• Whistleblower complaints, including allegations reported through ethics hotlines, anonymous tip lines, or directly to management
• Executive and C-suite misconduct, including allegations against senior leadership, officers, or directors that require heightened independence and discretion
• Bullying, workplace violence, and threats, including assessments of employee safety concerns and appropriate organizational responses
• Employee misconduct, including theft, fraud, conflicts of interest, embezzlement, and violations of company policies or codes of conduct
• Trade secret misappropriation and data theft, including investigations into suspected theft of confidential information by departing employees
• Wage and hour compliance audits, including investigations into classification, overtime, and pay practice concerns

In addition to conducting workplace investigations on behalf of clients, our workplace investigations services include:

• Assessing and crafting internal investigatory and audit procedures
• Advising with respect to internal investigations conducted by company employees
• Training internal investigation personnel
• Reviewing and revising code of conduct, discrimination, harassment, and retaliation policies
• Advising on appropriate remedial measures to take after the conclusion of an investigation, including, without limitation, conducting specifically-tailored workplace training programs to address any concerns arising from investigatory findings

Learn more about our workplace training programs.