Internal Investigations: Getting to the Bottom of Things without Getting Bogged Down

Something is Brewing: It isn’t even noon and you have already received an anonymous complaint that a person in shipping was offended by a delivery person’s suggestive comment. Then when you grabbed some coffee, you overheard a conversation that an executive made a “bullying comment” to another executive in a meeting, “just like she always does.”

Something Needs to Happen: You know these situations need to be addressed but do they require an investigation? Yes, in California, employers have a duty to investigate harassment, discrimination, and retaliation when they become aware of such concerns. In fact, courts have held that an employer’s failure to investigate these types of complaints can create a separate cause of action for a failure to investigate, and an employer’s failure to take immediate and effective action can be taken as the employer’s ratification of the harassment. Little v. Windermere Relocation, Inc. (9th Cir. 2002) 301 F3d 958, 968. Employers should also conduct investigations when they become aware of work threats of violence, fraud, waste or abuse, and other misconduct.

So, What Now? This means that you need to:

• determine what issues need to be investigated and the relevant policies;
• understand who is the most appropriate person to look into these concerns;
• establish appropriate follow-up steps; and
• document the investigation steps and findings.

Whether you need guidance on how to conduct an internal investigation or you need someone to come in and conduct the investigation for you, the Meyers Nave team can help.

Connect with one of our labor and employment attorneys and let us set you up for success.

Our team is here to help you navigate California’s complex employment laws. If you have investigation questions, contact us.