Workplace Investigations

Workplace investigations are often prompted by employee and non-employee complaints. Complaints can involve employees, board members, independent contractors, vendors, customers/patients, financial supporters, and others. Many complaints trigger protections under a myriad of employment laws. Investigations help manage and resolve complaints about or from employees and are often legally required or recommended to minimize an employer’s legal risk.

At KSB Law, our investigative techniques involve gathering facts, analyzing relevant data, evaluating credibility, and rendering sound, reasoned findings of fact. Using our skills as neutrals, we provide a thorough assessment of the relevant information so that the decision-makers can make appropriate and informed decisions.

CONDUCTING INVESTIGATIONS AS NEUTRALS

KSB Law routinely conducts independent investigations where our attorneys serve as neutral investigators. Our investigations encompass a wide array of internal and external employment-related complaints, including allegations of quid pro quo/hostile work environment, harassment, discrimination, retaliation, unconscious/implicit bias, terminations, demotions, failure to promote, compensation disparities, workplace threats and violence, transfers, leaves of absence, negative performance reviews, and/or employee discipline.

Our experienced attorneys are well versed in protections under a broad range of employment laws, including those related to discrimination, harassment, retaliation, equal pay, whistleblowing, and wage and leave protections.

KSB Law attorneys can also provide training to in-house investigators as part of the Workplace Investigation Training offered by KSB Law.

COMPLEX INVESTIGATIONS AT ALL LEVELS

Our attorneys are experienced in dealing with sophisticated, sensitive, and confidential issues at all employee levels. We have conducted complex investigations involving the highest levels of management and compliance, such as:

Human Resources
Compliance
Executive Directors
School Administrators
Board Members

Chief Executive Officers
Presidents
Vice Presidents
Legal Department/Lawyers

Our investigations span an array of industries. A sampling of industries in which we have conducted investigations include:

Luxury goods
Maintenance
Manufacturing, distribution
Pet care
Pharmaceutical
Property Management
Publishing
Social services
Trucking, carriers

Addiction services
Automotive
Communications, information technology
Cosmetics and beauty products
Education
Health and fitness
Health care, medical
Insurance
Legal

INVESTIGATION TRAINING & CONSULTING

KSB Law conducts Training as a tool to assist organizations in navigating a variety of complex and challenging issues that arise when conducting effective investigations. It is targeted toward individuals serving in human resources, legal, compliance, or leadership roles.

This Training covers:

Well-trained, impartial, fair, and culturally competent investigators
Implicit/unconscious bias undermining investigations
Microaggressions/microaffirmations
Triggers to investigations
Proper responses to complaints/concerns raised
Recognizing and preventing retaliatory actions
Attorney-client/attorney work product privileges
Compliant confidentiality instructions

The Training also includes a review of the investigation steps, such as:

Planning the investigation
Selecting the investigation tools and preserving evidence
Conducting the interviews
Assessing credibility
Analyzing evidence
Reaching a conclusion
Documenting the investigation
Communicating the results and monitoring/follow up

This Training can be tailored to suit the organization’s needs and is conducted live (on site or virtually). It can range from 2 hours to half or full day workshops, with expanded exercises and scenarios. This can include mock depositions and cross examination of the investigator.

The Firm also conducts audits to assess the effectiveness of the employer’s training and investigation process, provide advice on investigation practices, and offer guidance for implementing preventative and remedial actions following investigations.

TRAINING TO ALLEVIATE POTENTIAL WORKPLACE BEHAVIOR

KSB Law also performs other types of employee prevention Training to alleviate harassment, discrimination, retaliation, and unconscious/implicit bias, including:

Harassment, Discrimination, and Retaliation Prevention & Civility/Bystander Intervention
Unconscious/Implicit Bias & Cultural Awareness
Diversity, Equity & Inclusion
Bullying and Violence Prevention & Promoting Civility and Respect
Manager Training to Avoid Pitfalls in Performance Management & Discipline
Service & Assistance Animal Awareness
Educational Institution Anti-Bias Initiatives & Training
Equal Pay Compliance & Audits
Employment Law Compliance for Human Resources & Leaders

WORKPLACE CULTURE/CLIMATE ASSESSMENTS

Another way to alleviate potential workplace conflicts and tensions is by evaluating the workplace environment. KSB Law evaluates and makes recommendations on the workplace culture and climate through a Culture & Workplace Climate Assessment.

Training is also available for appropriate personnel on how to perform periodic continuing audits to keep apprised of the workplace environment and potential issues that could be developing.