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When a Workplace Complaint Requires an Investigation: Why an Independent Investigator Matters

When an employee raises a serious workplace concern, knowing what to do next isn’t always straightforward.

A complaint of sexual harassment. An allegation of discrimination or retaliation. A report of inappropriate behavior by a manager. An accusation involving an executive or other senior leader.

These situations can put employers in a very tenuous position. If mishandled, the liability to the company can be extremely costly. The complaint must be taken seriously and addressed promptly, but the person responsible for investigating it also must approach the situation objectively and confidentially.

That’s where an independent investigator like HR Experts on Demand can help.

What Is a Workplace Investigation?

A workplace investigation is a structured, confidential process for gathering and evaluating information related to an employee complaint or allegation of misconduct.

Depending on the situation, an investigator may interview the employee who raised the concern, the person accused of misconduct, and relevant witnesses; review emails, policies, records, or other documentation; and develop findings and make recommendations for action based on the information gathered.

The goal isn’t to advocate for either side. It’s to establish the facts through a fair, thorough, and impartial process that enables the employer to take appropriate actions needed to remedy the situation. 

Why Bring in an Outside Investigator?

Some workplace concerns can be handled internally. Many cannot. 

An outside investigator is necessary when:

  • The allegation involves sexual harassment, discrimination, retaliation, or other serious misconduct.
  • A senior leader or member of the HR team is involved in the complaint.
  • The organization doesn’t have an experienced investigator on staff.
  • There are concerns about actual or perceived bias.
  • The matter is particularly sensitive or complex.
  • Employment counsel recommends an independent investigation.

Bringing in an outside investigator creates separation between the organization and the fact-finding process. It also gives employees greater confidence that their concerns will be heard and evaluated objectively.

HR and Employment Counsel Often Work Together

Workplace investigations frequently sit at the intersection of human resources and employment law.

Employment attorneys may advise an organization on its legal obligations and strategy while engaging a third-party investigator to conduct the investigation itself. It’s a partnership we’ve seen work well, particularly in sensitive situations where both HR expertise and legal guidance are important.

A Resource Before You Need One

No employer wants to receive a serious workplace complaint. But if and when it happens, you’ll want an experienced and skilled professional to jump in and guide your company through the process. 

HR Experts on Demand provides confidential, independent workplace investigation services for employers and in collaboration with employment law firms. We bring an experienced, neutral perspective to sensitive workplace concerns, helping organizations gather the facts and determine their next steps with greater confidence.

If you’re facing a workplace allegation — or simply want to understand when an outside investigator may be appropriate — HR Experts on Demand can help.

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