Impartial Fact-Finding Investigations of Workplace Misconduct and Public Entity Activity
Applicable law and good corporate governance require employers and educational institutions to carefully conduct investigations into allegations of workplace and other misconduct (e.g., in response to allegations of discrimination, harassment, whistleblowing, theft, or other wrongdoing). The failure of an employer or educational institution to conduct a prompt and thorough investigation into such allegations will expose the them to a significant risk of legal liability and undermine morale.
We Advise and Train In-House HR Professionals and Senior Management How to Conduct Investigations
Miller Legal Group, P.C. regularly advises in-house human resource or other client contacts regarding how to conduct such investigations. Likewise, Miller Legal Group, P.C. delivers training workshops for human resource professionals and other members of management about conducting timely and thorough workplace investigations.
We Also Can Be Retained as Experienced Impartial Investigators
In addition to the foregoing, Stefan R. Miller, the founder and principal of Miller Legal Group, P.C., serves as an objective and independent fact-finder to investigate claims of alleged workplace misconduct. When retained as an unbiased, independent fact-finder to conduct an internal workplace investigation, Mr. Miller draws heavily on his employment law experience and expertise. First, he develops a reasoned plan of action for gathering relevant information and documentation and then executes that plan in a manner which is as efficient, non-disruptive and non-intrusive as possible. Second, his employment law experience and expertise enable Mr. Miller to spot subtle issues which may require further exploration to ensure a thorough investigation.
Mindful that the purpose of the investigation is to independently find and determine facts and that the results of his investigation will form the basis of important decisions, Mr. Miller is committed to a fair, impartial and thorough examination of facts. Moreover, given that it is critical that workplace investigations be commenced promptly and completed in a timely manner, Mr. Miller will never accept an engagement as an independent investigator unless he is confidant that he will be able to begin the investigation promptly and devote the time necessary to conduct a timely and thorough investigation. Likewise, Mr. Miller is often able to adjust his schedule to be available on nights or weekends to accommodate work schedules, comfort levels, and confidentiality concerns.
Finally, after concluding his investigation, depending on the needs of the employer or educational institution, Mr. Miller can prepare a variety of reports regarding his investigation and findings, including a comprehensive report, executive summary, summary of findings, recommendations, etc. Of course, if necessary, Mr. Miller remains available to testify regarding the investigation and has the litigation experience necessary to handle the rigors associated with a deposition or court appearance.
Advantages of Retaining an Employment Lawyer Instead of an HR Consultant or Private Investigator
Moreover, unlike HR professionals or private investigators, because of Mr. Miller’s status as a licensed attorney, an employer (based on recommendations of counsel) has the option and flexibility of treating the investigation as being subject to (and, therefore, protected from disclosure by) the attorney client privilege and attorney work product doctrine. Depending on the outcome of the investigation and other factors, these “privileges” can later be waived in the event of litigation to prove the employer conducted a prompt, good faith and thorough investigation.
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Contact a Los Angeles Independent Workplace Investigator at Miller Legal Group, P.C.
For more information about workplace investigations and the nature and scope of the services we provide in this regard, please visit us at www.workplaceinvestigationattorneys.com or contact our independent workplace investigations lawyer, Stefan R. Miller, at our Los Angeles office by e-mail or by telephone at (310) 426-2650.