Many employers at some point have dealt with misconduct allegations at work. There are many types of allegations of workplace misconduct, including harassment or discrimination on the basis of a protected class. Protected classes include age, disability, genetic information, harassment, national origin, pregnancy, race, color, religion, sex, sexual orientation and others.
If you are an employer who is dealing with allegations of workplace misconduct, you must promptly perform an investigation. This is critical to not only help establish what happened and the best course of action, but it can also help the employer take steps so that such claims don’t happen again. The investigation should happen quickly, and under no circumstances should the allegations be brushed off or not investigated.
You may wish to do a very comprehensive investigation into the complaint. The complaints could be minor (such as a sole person who was gently teased in the workplace) or very severe (such as allegations that a corporate policy prevented women from being promoted into management). In both cases, the allegations should be investigated.
There are some common types of investigations at work. These include investigation of discrimination or harassment on the basis of a protected class. Employee misconduct may also be investigated, which could include bullying or physical or verbal abuse. Another common type of workplace allegation includes an allegation of retaliation, which occurs when an employer punishes an employee for making a complaint.
Some common types of workplace investigations include investigation of discrimination or harassment on the basis of age, sex, pregnancy, disability, race, national origin, religion, sexual orientation, marital status, and more. Allegations of retaliation in the workplace may also be investigated. Misconduct by employees is similarly frequently investigated, which may include violence, bullying, or performance issues.
In some cases, a company would prefer that the investigation be handled in-house. It’s almost always better to use a third party to perform the investigation. An experienced employment law attorney is frequently a good choice to handle investigations, because they have experience with dealing with workplace issues and may be more credible than a person who works for the company and whose loyalty is to the company. Also, workplace investigations can take a great deal of time and may be too much for an employee to handle in addition to the standard work duties. An employment law attorney can help not only tell what happened, but also whether a violation occurred. Employment law attorneys can also help train employees on the steps that should be taken in the future to avoid such issues, as well as how to conduct an investigation.
Before you hire an investigator, make sure that he or she has experience in workplace investigations as well as understands the law involved. The investigator should be detail oriented and able to document the investigation thoroughly, as well as to be alert for the surrounding legal issues of the investigation.
Micha Star Liberty of Liberty Law believes that workplace allegations should be investigated quickly and effectively with an independent third party. Micha Star Liberty is a seasoned employment law attorney who uses her decades of experience to conduct thorough investigations.
If you are dealing with allegations of misconduct in your workplace and you need help with an investigation, call Micha Star Liberty, Oakland employment attorney, at 510-645-1000 or 415-896-1000. She has a lot of experience in handling complex legal issues and can help you with your case. Call today to learn more.
