Workplace investigations done right — so the findings hold up.

Why investigation quality matters

California employers facing harassment, retaliation, or discrimination complaints have an affirmative obligation to investigate. The investigation isn't optional — it's the threshold step that triggers obligations under FEHA and that courts examine when deciding the employer's liability.

A poorly conducted investigation creates more exposure than the original complaint. Findings that don't hold up under scrutiny, witness interviews that weren't documented, conclusions that weren't supported by the evidence, retaliation against the complainant during the investigation — each can become its own claim. The investigation itself becomes the legal problem.

When to bring in an outside investigator

Many internal HR investigations are fine. The conditions where an outside investigator is the right move:

Allegations against senior leadership

When the complaint is against a company executive, owner, or HR head, internal investigation creates an inherent conflict of interest. Outside investigation removes the conflict and gives the findings credibility.

Significant exposure

When the underlying allegations could produce a material lawsuit (sexual harassment, racial discrimination, retaliation against a protected-activity participant), the investigation needs to be unimpeachable. Outside attorney-investigators provide that.

Pattern allegations

Multiple complaints against the same person, allegations spanning multiple time periods, or allegations involving multiple complainants. Pattern claims need pattern investigations.

Required-by-policy investigations

When the company's own handbook commits to outside or independent investigation in certain circumstances, the policy has to be honored.

How we conduct investigations

1. Engagement and scope

Written engagement letter with the company. Defined scope: what's being investigated, what's not, who the report goes to, how findings will be handled. Conflict screening for the company's existing legal representation.

2. Document review

Personnel files, performance evaluations, communications relevant to the allegations, prior complaints, applicable handbook provisions and policies.

3. Witness interviews

Complainant first (in detail, often multiple sessions). Then accused, then witnesses identified by either side. Each interview documented contemporaneously.

4. Findings analysis

Credibility assessment, evidence weighing, application of facts to relevant legal standards (FEHA harassment, retaliation, discrimination definitions), specific findings on each allegation.

5. Written report

Comprehensive written report with factual findings, credibility analysis, conclusions, and recommendations. Drafted with the understanding that the report may be reviewed by counsel, in mediation, by an agency, or in litigation.

What we don't do

Pre-determined conclusions. We don't conduct investigations to validate conclusions the company has already reached. If you want a write-up to justify an already-decided termination, that's not an investigation — and that's not the work we'll take.

Investigations adverse to firm clients. If we already represent the company in employment matters, we may have a conflict that prevents independent investigation work. We screen for this at intake and refer when conflicted.

Plaintiff-side investigations. We're employer-side. Investigations on behalf of complainants or plaintiffs go to plaintiff-side employment counsel.