CONNECTING THE INVESTIGATIVE DOTS

The number of employment related claims continues to soar. They represent an important and unavoidable fact-of-life for employers and their lawyers.

This email is an advertisement to let you know that I conduct sensitive internal investigations for employers facing allegations of: discrimination based on age, race, disability, religion, national origin, gender and genetics, disability accommodations issues, claims of harassment and retaliation as well as whistleblower claims.

I have decades of experience gathering relevant information and then organizing it according to what can be extremely complex legal theories. My work can be relied on to withstand the most rigorous testing, a trial. I have in the past represented employees and employers in these matters and have extensive, relevant trial experience in federal and state courts and federal and state administrative agencies. For the past 2 decades I have been a full-time mediator, arbitrator and impartial investigator.

Employers are responsible for conducting prompt and thorough investigations of complaints made by employees and, where called for, taking appropriate remedial action. An investigation that is poorly executed can itself become a basis for liability; an investigation that is done well provides an important opportunity to manage lability and reduce potential damages. It can also be used to make systemic changes that improve the organization and ensure that the problem does not recur.

The investigator and the investigation report are subject to intense scrutiny to determine if the investigation is legally compliant, free of bias and genuinely independent. As a result, the investigator must be experienced and well trained. To that end, and even after decades of experience, I recently completed the EEOC’s required 32-hour investigator training course.

The investigative file will almost always be sought by the employee’s lawyer along with the report itself and the investigator will also likely be deposed.

I am available to work closely with defense counsel to provide independent and practical guidance for creating impartial strategies that get claims settled. I create investigative reports that provide decision makers with an informed and complete understanding of the controversy, without straying into giving advice or counsel. All of this is designed to help you effectively and successfully represent your clients.