Tampa Workplace Investigations Lawyer

When there are allegations of wrongdoing in the workplace, it is vital that the employer get to the bottom of those complaints as efficiently, quickly, and thoroughly as possible. Unfortunately, the in-depth investigations that this type of work requires are often impossible for people who work directly for the company or even for regular counsel because of potential conflicts of interest.

A Tampa workplace investigations lawyer could bring an objective perspective to complex or sensitive allegations of workplace misconduct, including complaints based on discrimination, harassment, workplace violence, retaliation, and more. As an employer, you do not want someone who fears job loss or worse if the results of an investigation are unfavorable. They may intentionally or unintentionally skew the results of the investigation. Instead, you want an impartial investigator who can get to the root of workplace disputes, uncover the facts, and let you appropriately plan for a remedy.

When Should a Company Use an Outside Attorney-Investigator?

A well-developed and robust human resources (HR) department should be able to handle most workforce complaints. That type of HR with a zero- or low-tolerance work environment and firm rules against harassment and retaliation should lead to simple investigations. If the alleged offender is low-power in the company, it may be. If a complainant has verifiable proof, it may be. However, most workplace incidents are not black or white. Even when they are, the perpetrators rarely leave proof.

The reality is that all workplaces, no matter how well-run and well-structured, have hierarchical systems. People like and will protect some of their coworkers, even if those coworkers are doing something objectively wrong. Victims are not always likable. In fact, making a victim appear unlikeable can be one part of a harassment campaign. Since HR works with all the people in the office, they cannot be objective, even when they want to be. Their general opinion of all parties will influence them. Good training means that HR workers should recognize when bias has the potential to influence their decisions and ask for third-party help at that time.

Of course, potential bias is not the only reason to bring in an outside investigator. Another good reason is if HR or the company’s in-house counsel may be a witness in the incident. A witness cannot properly investigate their statements, and if there is a legal proceeding that results from the incident, having them as a potential witness can wreak havoc on confidentiality.

If the person accused of wrongdoing is in a higher-up position where they have responsibility for hiring or firing decisions, it is almost impossible to get an objective internal review of their actions. The responsible move is to bring in a Tampa workplace investigation attorney. For decision-makers who feel like they have done nothing wrong, it can feel like an unnecessary expense to hire a third party to help establish their innocence. However, having those objective results can be beneficial in settlement negotiations or if the claim goes to litigation.

Types of Workplace Investigations

Generally, a workplace investigation will involve allegations of some substantial wrongdoing on the part of one or more employees. Sometimes, the allegations are that leadership is doing something wrong. Wage and hour violations, safety violations, whistleblower concerns, and similar complaints allege that management is engaging in a pattern of illegal behavior. Having an outside workplace investigation lawyer can help clear the Tampa company of liability. It can also help expedite a resolution, minimizing the company’s exposure in the event that there is wrongdoing.

Harassment is another type of complaint where third-party investigators can be instrumental. Discrimination, sexual harassment or assault, and hostile work environment claims can be challenging to prove or disprove. It is unusual, though not impossible, for someone to document their own prohibited behavior. An objective third party can investigate whether stated reasons are pretextual or whether there was no discrimination.

Finally, employers who suspect employee wrongdoing may want a third-party investigator. Misappropriation of property, fraud, and bullying all impact the workplace and can decrease the bottom line. Employers need to be able to reveal and correct wrongdoing before it becomes toxic.

Talk to a Tampa Workplace Investigations Attorney

Not sure if a third-party investigator is suitable for your workplace? The best way to find out is to schedule a consultation. Tampa workplace investigations lawyer Mitchell Feldman could discuss your situation and provide insight into whether you need the services of an outsider. If so, he can then discuss how to start an investigation and help you understand the process. Call now to talk to our team.