Now more than ever, employers are receiving informal and formal complaints of alleged wrongful conduct in the workplace. Employers should always promptly investigate good faith complaints of misconduct in the workplace. Moreover, certain federal and state laws mandate that employers promptly investigate these complaints (e.g., harassment, discrimination, retaliation) and take necessary corrective action. In addition to the legal duty to investigate, workplace investigations are important as many complaints can later result in a formal charge or lawsuit. An employer who conducts a prompt, impartial, and thorough investigation and issues appropriate corrective action may prevent the claim from later becoming a charge or lawsuit.
Martenson, Hasbrouck & Simon’s trained and experienced attorneys have conducted investigations of claims of wrongful conduct in the workplace for small, medium and large private companies throughout the country, public entities (including educational institutions), and for various religious entities. Those investigations have involved such matters as individual allegations of misconduct and complex allegations of wage & hour violations or disparate treatment in the workplace. Typical allegations the Firm is engaged to investigate include harassment, discrimination, retaliation and whistleblower claims, misappropriation of trade secrets, disability discrimination and reasonable accommodations, wage & hour claims, workplace violence, and related matters.
Our lawyers bring unique expertise to workplace investigations because we represent clients in agency, state and federal court employment litigation. This experience allows our attorneys to better conduct independent investigations and prepare thorough reports that will withstand scrutiny in cases litigated before a judge, jury or arbitrator. By conducting an objective investigation with well-reasoned investigative findings, the employer can make an informed decision on the appropriate corrective action and reduce the likelihood of a future lawsuit.