You may not learn of possible workplace misconduct until an employee, or employees complain about the actions of another employee, supervisor, manager, executive, or non-employee third party (vendor, contractor, customer, client, etc.).

Serious allegations of misconduct are often based on:

• Sexual or other types of harassment;
• Retaliation;
• Discrimination - including age, race, religion, national origin, gender identity, pregnancy, disability, military or veteran status, sexual orientation, and other categories protected under local, state, and/or federal law;
• Workplace violence and bullying

In some situations, such as allegations of sexual harassment, local or state law (i.e. New York City and New York State) require an investigation be conducted. Further, sound business practices dictate that allegations of workplace misconduct be investigated as soon as a company representative becomes aware of a possible problem.

Conducting a thorough investigation of the allegations will allow you to correct any misconduct, as well as lay the groundwork for defending the company if an employee files a complaint with a government agency (such as the Equal Employment Opportunity Commission) or takes legal action.

Two important factors set us apart:

1. Extensive formal training through the Association of Workplace Investigators on proper workplace investigation procedures and techniques; and
2. More than a decade of experience conducting workplace investigations.

Drawing on our training, expertise, and experience, HR Compliance Experts will conduct a prompt, thorough, and unbiased examination of the facts and circumstances.  We will identify and effectively address not only the well-defined issues, but also the subtle issues which often become the keys to a complete understanding of what happened.

Investigations sometimes require interviewing and/or investigating the actions of company executives, members of senior management, employees, and even non-employees such as vendors, customers, or clients.  However, regardless of the "who," the goal remains the same–conduct a thorough and unbiased investigation for everyone involved.

Finally, after reviewing the available evidence and information, and adhering to the "preponderance of the evidence" standard, we will end the investigation with a conclusion of what was "more likely than not" to have occurred.

Once the information and evidence has been gathered and analyzed, we offer a variety of reports to best match the level of detail you and your legal counsel decide is necessary and appropriate. Investigation report options include:

• A comprehensive report of the investigation and our conclusions;
• An executive summary of the investigation and our conclusions; or
• A summary of our conclusions only

Also, if the matter goes to an administrative hearing or trial, we will be prepared to testify regarding the process used to conduct the investigation, as well as how, based on a preponderance of the evidence, we arrived at our conclusion.

Regardless of whether the investigation uncovers actual workplace misconduct, training is an important part of resolving the issues that led to the complaint.  Providing management and employees with effective and engaging training to help prevent future issues is critical.

It is vital that employees at all levels understand:

• What is, and what is not acceptable workplace behavior;
• That workplace misconduct, such as sexual and other types of harassment, discrimination, retaliation, and bullying will not be tolerated; and
• The company has a strong commitment to maintaining a fair and equitable workplace for everyone.