Workplace Investigations
Workplace Investigations
Complaint Handling & Investigations
Receiving a complaint from an employee, student, customer, or member of the public can be unexpected and sometimes frustrating—but complaints are common. Private businesses, non-profits, public agencies, and educational institutions all have legal obligations to address allegations of illegal conduct. Additionally, organizations may have internal obligations under policies, procedures, or risk management programs.
Some complaints require formal investigation to ensure legal compliance or, at a minimum, to confirm the organization responds appropriately. We guide clients in determining which matters should be investigated and the best options for conducting those investigations.
Our Investigation Services
We routinely advise on—and serve as external investigators for—a wide range of complaints, including:
Discrimination, harassment, and retaliation
Physical or sexual assault allegations
Title IX complaints in educational settings
Complaints regarding curriculum, facilities, or physical conditions
Fraud or misappropriation of funds
Workplace or student bullying
Other complaints involving employees, supervisors, or organizational leadership
We also assist organizations with third-party investigations, such as those conducted by the Department of Civil Rights, EEOC, National Labor Relations Board, or licensing and accrediting agencies.Determining whether a complaint falls under Title IX or another civil rights policy can be complex and high-risk. We help institutions evaluate and classify complaints—particularly in multi-party or cross-complaint situations—and determine whether to consolidate cases or apply different procedures.
We guide you in processing allegations of harassment, discrimination, retaliation, or sexual assault in a way that aligns with the law and your organization’s operations.
Legal Requirements for Investigators in California
Under California law, investigations may be conducted by:
A trained, unbiased employee of the organization
A California-licensed attorney
A California-licensed private investigator
While there are some statutory exceptions, unlicensed consultants typically cannot conduct investigations in most workplace or school settings. Each option carries risks and benefits, and we work with our clients to select the approach best suited to their organization.
Training & Support for Internal Investigations
For organizations that prefer internal investigations, we provide:
Training on California-compliant investigation procedures
Policy development to guide internal processes
Ongoing support throughout investigations
Assistance preparing investigation documents, including reports
This ensures that investigations are thorough, complete, and compliant with both the law and organizational policies.
Attorney-Client Privileged Investigations
When an external investigator is preferred, we provide attorney-client privileged investigation services. We handle the investigation from start to finish, including:
Preparing witness lists
Interviewing the complainant, parties, and witnesses
Reviewing relevant documents
Preparing witness statements and final reports
Advising on whether violations of law or policy occurred
Throughout the process, we collaborate closely with a designated manager, general counsel, or school administrator to ensure the investigation aligns with organizational and legal requirements.
Post-Investigation Guidance
After an investigation, we help organizations determine appropriate next steps, which may include:
Discipline or termination for policy violations
Written communications to the parties
Mediation or restorative justice options to repair relationships where appropriate
We aim to provide solutions that are legally compliant, practical, and aligned with your organization’s goals and resources.
