MCLE Article: The Four "W"s of Workplace Investigations: When, Who, What to Expect and What is Adequate
By Shivani Sutaria
Shivani Sutaria has been practicing employment law for 12 years. She is the founder of Shivani Sutaria Law Offices in San Mateo, CA; her law firm focuses on conducting external workplace investigations and counseling employers. She is a graduate of the AWI’s Training Institute for Workplace Investigators, and an AWI Certificate Holder (AWI-CH).
In the recent years, there have been several highly-publicized lawsuits brought by employees of law firms, alleging discrimination and harassment. While the news stories have focused on lawsuits against the large law firms, smaller law firms have faced similar legal claims. It is important for the smaller law firms to be prepared to address employee complaints, and determine whether an investigation is warranted, and if so, how to select an investigator, what to expect when an investigation is conducted, and what constitutes an adequate investigation.
WHEN TO CONDUCT AN INVESTIGATION