Erin Jacobson JD
How to determine if your situation warrants a third-party investigator, the anatomy of our HR Investigations, and why Archbright has been trusted by our members to handle investigations for over 40 years.
Quick Facts:
- HR Investigations most often involve allegations of harassment, discrimination, or retaliation but can also be related to other types of workplace misconduct, policy violations, safety incidents, workplace violence, theft, financial misconduct, or other reasons.
- Investigations take all the information available into account and create an objective report of the facts.
- Employers should seek out a third-party investigator like Archbright if investigating the issue presents a conflict of interest, significant legal risk to the organization, or if the HR leaders cannot investigate in a timely manner.
Anatomy of an HR Investigation
An HR Investigation, or workplace investigation, is a structured process of fact-gathering to determine what happened when a workplace concern, complaint, or allegation is raised. The goal of an HR Investigation is to conduct a fair, objective review before deciding whether company policies, workplace standards, or legal requirements have been violated.
Who Conducts Workplace Investigations?
HR leaders for an employer may conduct HR investigations, and many HR teams take this on for both small and larger scale issues. However, if a conflict of interest is present, it is best to involve a third-party investigator, like Archbright.
What Steps Are Involved in an HR Investigation?
An HR investigation may include:
- Conducting interviews with the complainant, accused employee, and other relevant witnesses.
- Reviewing relevant evidence, such as emails, text messages, policies, personnel records, photos, video, and other available materials.
- Evaluation of the available facts, including making credibility determinations to resolve discrepancies.
- Preparing a findings report to help the employer determine the next appropriate steps.
What is Unique About Archbright HR Investigations?
Archbright has been conducting HR investigations for decades. While many third-party investigators provide a final report and conclude their engagement, our relationship with members continues well beyond the investigation itself.
Investigations often lead to additional questions, policy updates, employee communications, and ongoing risk management considerations. That's why members can continue working with Workplace Law Group attorneys and Archbright HR advisors after the investigation is complete, giving them the guidance and resources needed to confidently move forward.
Learn More About Archbright HR Investigations →
A Diverse Team of Experienced Workplace Investigators Serving Washington State
At Archbright, we have a team of employment attorneys and human resources experts that bring diverse styles and experiences to investigations. This deep bench means we can spring into action right away for employers who need us on-site or virtually, often within 24 hours for Washington State Employers.
The Three Key Indicators You Need an Attorney-Supported HR Investigation
When we scope a call for our members about a potential investigation, these are the key indicators we are looking for to determine if a member needs our support to successfully investigate this issue:
- Conflict of Interest: If the accused is an HR leader, an Executive level staff member, or otherwise presents a conflict of interest to be investigated internally we recommend contracting with a third-party to investigate.
- Significant Legal Exposure: If the situation at hand presents significant legal exposure, we may recommend employers proceed with a third-party investigation to ensure independence.
- Capacity: If an HR leader is unable to begin to investigate quickly, we recommend bringing in a third-party with the bandwidth to get started right away. Many investigations are time-sensitive, and a delay can increase legal risk.
Ready to Schedule a Scoping Call?
Our team is ready to discuss your situation and to help determine if an investigation is needed, contact us to get started right away.
Archbright has been supporting employers in Washington for over 90 years. We offer support in Oregon, Idaho, and California as well as resources through our mozzo platform for employers in all fifty states.
Frequently Asked Questions
Does an Attorney have to be the one to conduct a workplace investigation?
Not necessarily. But, if there is legal risk involved, you should consult an attorney to have a privileged conversation about the right investigator for the situation.
Does a complaint need to be formal to trigger an investigation?
No, if you hear of a situation that requires investigation, that is all you need to move forward. Complaints don’t need to arrive in a formal way to be taken seriously and investigated.
Do we still have to investigate if the employee asked us not to?
Often, yes. Employers generally have a duty to investigate certain complaints regarding harassment, discrimination, retaliation, safety concerns, or violence even the employee who brought it to your attention doesn’t want it investigated or requests confidentiality.
Who should investigate allegations against our CEO or Executive Team?
The investigator should be impartial and have no conflict of interest. For situations that involve executives, HR leaders, or particularly sensitive allegations, a third-party investigator is the best choice. Even if they are not involved personally, an HR leader who reports to the Executive is not in a good position to conduct a proper investigation without a conflict of interest.