Workplace Investigations

EEOC Guidance provides "whoever conducts the investigation should be well trained in the skills that are required for interviewing witnesses and evaluating credibility." An external Workplace Investigator conducting a workplace investigation can investigate the allegations and provide an unbiased opinion as to what occurred and recommended corrective action.

Most states regulate workplace investigations by requiring minimum qualifications for an individual to act as an investigator. It is important that anyone considering hiring an investigator for workplace investigations service ensures that the individual or company they are hiring meets those requirements to avoid potential problems with the investigation report or its findings at a later time, including in defense of litigation.

For example, in California, workplace investigations are governed by Cal. Business and Professions Code § 7521, et. seq. The Code defines workplace investigations as involving obtaining and reporting “information concerning [an] employer’s employees involving questions of integrity, honesty, breach of rules, or other standards of performance of job duties.”

Under California law, only individuals who are licensed as a private investigator or qualify for an exemption may legally conduct investigations, including investigations by private and public employers. One of those exemptions applies to attorneys - meaning that attorneys who are performing their duties as an attorney may legally conduct a workplace investigation in California.

An individual who conducts a workplace investigation without a license or exemption may be “guilty of a misdemeanor punishable by a fine of five thousand dollars ($5,000) or by imprisonment in the county jail not to exceed one year, or by both that fine and imprisonment.” (Cal. B&P Code § 7523(b).)

Often, employees find comfort in talking with an investigator who is hired from outside the business and may be more candid in the information they are willing to provide, which can result in the investigator's ability to gather more candid information necessary to assess the complaints.

Hiring a California, Florida, and Ohio attorney like Lindsey Wagner or Florida Attorney Jessica Homer as your Third Party Neutral Investigator can also have certain attorney-client privilege benefits. This means the findings of the investigation may remain confidential in certain circumstances, instead of a Human Resource investigation, which may be discoverable in the event of future litigation.

In some situations, a court or jury may view an investigation conducted by a company's HR representative as biased, impacting the admissibility of the findings. Hiring an external investigator to conduct your company's neutral workplace investigations may neutralize the likelihood of such conclusions if litigation arises.

A prompt investigation is paramount to ensuring a safe and productive working environment for your employees as well as minimizing potential exposure for ongoing prohibited actions. When an employer receives an employee complaint, it is imperative to commence an investigation into the claims immediately.

Moxie Mediation offers efficient third-party neutral investigations for various workplace issues, including internal complaints, discrimination, harassment, retaliation, toxic and hostile work environments, workplace bullying, violence, wrongful termination, criminal activity, misconduct, theft, policy violations, and more. Our services cover a range of complaints such as whistleblower retaliation, sexual harassment, labor relations violations, drug/alcohol use, pay disparity, non-compete violations, slander/defamation, computer fraud, and violations of labor codes and laws in California, Florida, and Ohio. We conduct both in-person/on-site and remote investigations by phone or video conference.

At Moxie, we offer in-person or remote third-party neutral workplace investigations services via phone and/or videoconference (Zoom, Skype, or Microsoft Teams).

We follow the Association of Workplace Investigators's Guiding principles in conducting workplace investigations - the gold standard.

California

We provide neutral workplace investigations locally in Los Angeles County, California, Santa Barbara County, California, Orange County, California, San Luis Obispo County, California, Kern County, California, San Bernardino County, California, Inyo County, California, Ventura County, California, San Diego County, California, Riverside County, California, Napa County, California, Sonoma County, California, San Francisco County, California, Santa Cruz County, California, and Monterey County, California, as well as throughout the State of California.

Florida

We provide neutral workplace investigation services locally in Collier County, Florida, Lee County, Florida, Walton County, Florida, Santa Rosa County, Florida, Pinellas County, Florida, Sarasota County, Florida, Dade County, Florida, and Okaloosa County, Florida, as well as throughout the State of Florida.

Ohio

We provide workplace investigation services locally in Delaware County, Ohio, Franklin County, Ohio, Fairfield County, Ohio, Madison County, Ohio, Erie County, Ohio, Cuyahoga County, Ohio, Hamilton County, Ohio, and Butler County, Ohio as well as throughout the State of Ohio.