At the heart of most employment litigation cases lies an investigation that preceded the litigation. The employer’s handling of that investigation can be the difference between winning and losing the case. A properly handled investigation also helps avoid litigation by discovering and resolving potential liability before a situation spirals out of control.
Internal investigations have become an essential part of good governance for companies. Our Labor and Employment attorneys help our clients in all aspects of supporting clients through an investigation process. We can conduct investigations, or provide clients with the tools and training they need to conduct internal investigations themselves. We can also preserve our role as litigation counsel, remaining in the background and advising our clients throughout their investigations. We also help our clients retain investigators and partner with those external investigators to ensure the success of the investigation. Whatever investigation approach is taken, we help ensure allegations are investigated quickly and with minimal disruption while seeing to it that investigations are thorough, tailored to the client, and cost-effective.
In the case of a governmental investigation, for example by the EEOC or the DOL, the employer has little ability to determine the strategy for the investigation. The employer needs to make certain it understands its rights with regard to participation in the investigation to ensure that it fully protects itself. Generally speaking, whether apparent or not, in the case of a governmental investigation an employer has entered the beginning of an adversarial process and should conduct itself accordingly.
- Internal investigations and training on human resource matters
- Special inquiries of fraud and misconduct allegations
- Internal audits and forensic investigations
- Internal control issues
- Recovery of property assets taken through illegal schemes
- Development of corporate compliance programs
- Disclosure obligations and requirements
- Whistleblower allegations
- Governmental agency and prosecutorial investigations