Investigations

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Investigations

Causes for Investigation

Many different problems can lead an employer to start an investigation, and not every investigation

necessarily fits the popular profile of interrogations, witnesses under harsh lights, and long,

drawn-out detective work. Here are some common reasons why companies investigate employees

or situations:

Attitude problems Substance abuse Discrimination complaints

Harassment complaints Threats against others Vandalism and other sabotage

Violations of work rules Safety problems Workplace theft

An investigation into a workplace violence, harassment and misconduct is often times conducted by an HR professional. However in many circumstances, the HR employee has already been involved in the complaint process or they may be familiar with those involved. This can lead to allegations of bias and may jeopardize the entire investigation. Additionally, the complexity of some of the investigations may be beyond the training and legal expertise of the HR staff.

Why Use Outside Consultants?

The California Department of Consumer Affairs requires that anyone who performs an employment investigation regarding workplace misconduct must possess a private investigator’s license. The exceptions to this requirement are of course company employees, discussed above and attorneys. Attorneys will have a good understanding of the legal requirements involved but can be very expensive. Keep in mind that outside HR consultants are not legally allowed to conduct workplace investigations unless they are legally licensed as private investigators.

Some of the more important laws and legal situations that require investigations by employers are:

1. Job discrimination laws – Civil Rights Act of 1964 (Title VII), the ADA, the ADEA, and their state equivalent, the Texas Commission on Human Rights Act

2. Health and safety laws – OSHA – employers must investigate problems and prevent future similar problems; prevention of workplace violence – employers have a duty to investigate threats and prevent acts of violence in the workplace to the extent possible

3. Drug-free workplace laws Drug-Free Workplace Act of 1988; DOT drug testing regulations

4. Background and credit checks – in order to minimize liability for negligent hiring or negligent retention, employers must sometimes investigate employees' backgrounds – Fair Credit Reporting Act requirements apply.

Lead Investigator

John Chadwell

CA License 25503

John is an expert investigator with over 15 years of combined experience in areas of workplace violence, internal/external theft and fraud, collusion, embezzlement, forensics and harassment. He has written numerous company policies and procedures regarding employee conduct, drug and alcohol prevention and workplace investigations. During his time as an investigator he has testified as an expert witness in multiple high level fraud trials. John has been a consultant to fortune 500 companies, in loss prevention, employee conduct evaluations, interviews, interrogations and training.