Avoiding Botched Workplace Investigations.

When faced with a complaint of workplace discrimination or other misconduct, employers sometimes wait too long to start an investigation, wrap-up an investigation too early, fail to ensure all staff members are safe pending an investigation, fail to interview all relevant witnesses and/or select the wrong investigator. Management should consult employment counsel to determine how the selection of a particular investigator (general manager or H/R director, H/R staff, in-house counsel outside counsel or another outside investigator) will maximize the company’s interests in preserving its right to assert attorney-client and work product privileges and in promoting confidence (by claimant, witnesses, EEOC or future juror) that the outcome of the investigation is fair and knowledgeable.

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