Workplace Investigations: Objectivity Is Key

Employee complaints, allegations of misconduct and workplace investigations are a normal outgrowth of running a business regardless of its size. When a company finds itself with an employee complaint that needs to be investigated, it is imperative that it is handled timely, thoroughly, and without bias.  Armed with decades of experience, and recent special training and certification from The Society of Human Resource Managers (SHRM) in handling workplace investigations, Debra Schwartz can serve as an independent third-party investigator.  As an employment lawyer with more than 40 years of experience representing predominantly employees, Debra is uniquely qualified to handle investigations of employee complaints, utilizing industry-best practices and fact-finding skills to conduct a thorough investigation. Debra has significant experience questioning company employees, officers and managers, and is adept at asking targeted questions to facilitate candid and honest responses. Debra is also well-versed in interpreting company policies and applicable law and making credible legal and factual determinations, and she will provide recommendations and action items.

We all understand the devastating effects a mishandled allegation of sexual harassment or racial discrimination can have on the affected employees, and both the company’s reputation and its bottom line. How a company handles these matters is critically important from a risk perspective, as well as from a legal and compliance standpoint. Mishandled workplace investigations can lead to toxic workplace cultures, employee turnover, reputational damage, and costly lawsuits. That’s why many companies wisely choose to outsource the  important function of investigating to an experienced, objective third-party investigator.

Relying on an objective outside investigator, rather than in-house human resources team to handle investigations has many advantages.  First, due to the limited number of such investigations that come along in a year at most small to mid-size companies, the HR professionals may simply not possess the necessary training and experience. Second, and perhaps more importantly, the HR team may lose credibility and trust within their organization, as rank-and-file employees often have a perception of bias, favoritism, and unjust action taking place when in-house employees handle the issue.  Employees expect HR to do nothing more than “rubber-stamp” management’s action and protect the company agenda.

No matter the topic, the Company’s first and foremost priority for any workplace investigation should be objectivity. Employees need to know that they will be treated fairly and can trust the investigator.  An investigation by an experienced outside third-party is generally the best course of action.

By hiring a third-party investigator, the Company ensures that there is no unknown history at play; the relationship between the investigator and those being investigated starts on a clean slate. This significantly improves the experience of the investigation on all sides of the table.  Everyone is more likely to feel as if they will be treated fairly and thus to talk more freely.

As an objective third-party investigator, Debra offers objectivity, confidentiality, effectiveness, and transparency. She will ensure that everyone is informed and updated on the process and next steps involved. She will offer a comprehensive report on her findings with recommended action items. This type of investigation will allow the company to maintain its public image and reputation, sustain team morale, and avoid legal action. Call Debra Schwartz at 404.844.4130.

the next time you need an independent workplace investigation.