Workplace Investigations

Workplace Investigations: Wait for Findings Before Determining Solutions

October 7, 2025Harassment/Discrimination, HR Policies, Others, Workplace Investigations

Lawyers and human resources professionals who are committed to their craft are fundamentally in the business of helping people. Our most natural tendency is to determine solutions to problems. We learn of a concern, filter it through our own lens ... Read More..

Workplace Investigations: Should Your Investigator Look Like the Complainant?

June 10, 2025Harassment/Discrimination, HR Policies, Workplace Investigations

The most uncomfortable conversations I have had related to a new workplace investigation have involved the request for me or another specific attorney on my team conduct the investigation because that individual is perceived to align with the same... Read More..

Workplace Investigations: Hearsay May Be Compelling in “No Witness” Harassment Complaints

January 15, 2025Harassment/Discrimination, Workplace Investigations

Two people were alone in a room, where one reportedly experienced unwelcome conduct – perhaps a kiss, a grope, a sexual assault, or even a rape – and the other denies, or is expected to deny, the conduct. There were no video cameras, and nothing... Read More..

Workplace Investigations: Gain Clarity as to Meaning

September 7, 2023Connecticut Employers, Employee Relations, Harassment/Discrimination, HR Policies, New Jersey Employers, New York City Employers, New York Employers, Workplace Investigations

“It’s bullying,” “I’m being harassed,” or “this is creating a hostile work environment.” As a workplace investigator these are phrases that I hear on a daily basis from complainants and their colleagues, and even sometimes from the respondents acc... Read More..

Workplace Investigations: Anticipate Cognitive Overload

September 7, 2023Employee Relations, Workplace Investigations, Workplace Training

Sometimes you just need to let things gel in your mind for a while. I came to this conclusion in my investigations... Read More..

Workplace Investigations: What Is “Bullying”?

September 7, 2023Connecticut Employers, Employee Relations, Harassment/Discrimination, HR Policies, New Jersey Employers, New York City Employers, New York Employers, Workplace Investigations

There is a slippery slope between what may be considered sub-optimal or bad management practices, “bullying,” and “harassment.” When behaviors prompt an employee complaint, workplace investigators need to evaluate where a supervisor’s conduct fal... Read More..

Workplace Investigations: Why Get a Written Report

September 7, 2023Connecticut Employers, Employee Relations, Harassment/Discrimination, New Jersey Employers, New York City Employers, New York Employers, Workplace Investigations

One of the thorny process questions that eventually arises in any workplace investigation is whether and how to memorialize the findings and conclusions from the investigation. Is it sufficient just to save the notes from the investigation intervi... Read More..

Workplace Investigations: Video vs. In-Person Interviews

August 4, 2022Connecticut Employers, COVID-19, Employee Relations, New Jersey Employers, New York City Employers, New York Employers, Tri-State Employers, Workplace Investigations

Prior to the pandemic, in-person interviews were generally considered the preferred method of conducting workplace investigations. They allowed the investigator to build rapport with the interviewee, the investigator could observe behaviors by the... Read More..

Workplace Investigations: When Should You Consider Retaining an Outside Investigator

July 21, 2022Connecticut Employers, Employee Relations, Harassment/Discrimination, New Jersey Employers, New York City Employers, New York Employers, Tri-State Employers, Workplace Investigations

Increasingly, organizations are conducting workplace investigations in response to employee concerns – both those raised formally to human resources or through a written complaint or attorney demand letter, and those raised informally in a convers... Read More..