The Law Office of Omar S. Anorga recently attended the Los Angeles County Bar Association Labor and Employment Section seminar: “Workforce Investigations on Trial: How Defendants Conduct Bulletproof Investigations and How Plaintiffs Shoot Them Down.”
The seminar focused on practical pointers for conducting workplace investigations. The following are some important highlights from the seminar:
- The investigation should be conducted upon actual or constructive notice of alleged wrongdoing;
- When selecting an investigator, consider neutrality, objectivity and knowledge of the Law pertaining to the subject matter of investigation;
- During the investigation, the employer should take necessary steps to avoid contact between complainant and alleged wrongdoer;
- The investigation should be conducted thoroughly by obtaining complete stories and facts, interviewing all witnesses and documenting all processes;
- Employers should be aware of the special circumstances in which a victim delayed the complaint or has a lack of direct evidence;
- All steps and processes of the investigation should be properly documented;
- When a discrepancy exists between both sides of the story, the investigator should weigh the credibility of both parties;
- The investigator should conduct face-to-face interviews in order to observe demeanor and credibility
- The investigator should not offer any opinion or supposition during interviews;
- All information gathered during an investigation should be confidential;
- The final report should make a determination as to whether the wrongdoing occurred;
- The employer must take appropriate and immediate action depending on the outcome of the report;
- The employer should monitor the workplace for 6 month to a year after the investigation to ensure no retaliation or further wrongdoing occur; and
- Employer should always adhere to company policies and procedures.
For more information on the matter, please contact the Law Offices of Omar S. Anorga at 213 489-1271. Thank you.
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