Workplace investigations often are required or appropriate when an employer receives reports or otherwise becomes aware of perceived or potential employee misconduct or other violations of applicable law, policy or inappropriate behavior. Examples of situations that may warrant a workplace investigation include:
A properly conducted investigation will assist the employer in determining whether the report has merit as well as the appropriate action to take to remedy the situation, prevent future occurrences and best defend claims against the employer for regulatory, civil or criminal liability. In some cases, failure to conduct an investigation may lead to the loss of a legal defense or subject the employer to increased civil penalties. Conducting a proper investigation also can foster positive employee relations reducing the risk of employees seeking assistance of outside regulators, attorneys or unions.
On the other hand, improperly conducted investigations can increase the potential risk of liability and, in some cases, pose independent grounds of liability. Among the potential liability issues that the employer should carefully consider are the likelihood that the...
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