b'The backlash has been so significant that companies are responding to these allegations with swift and serious actionan employment lawsuit at some point in its history.But itmay scrutinize your actions now or later on (such as a does mean that your company should be in a much bettergovernment agency or a court of law) that your company position to defend not just whatever employment decision ittook the allegations seriously; and that you brought in an made in response to the allegations, but also the manner inindependent party who does not work with the parties which your company reached that decision.An investigationinvolved on a regular basis and, therefore, is not likely to that produced a result that was based on objective evidencehave some of the biases that such familiarity could generate. from all interested parties should stand up well to scrutinyThe use of an outside investigator can deter potential claims whenever and wherever it may come. and/or severely undercut them before they ever really get Why Investigate? off the ground.In the next section below (Investigation Best Practices),In the second scenario, an investigator who is also an you will find some additional details regarding what anattorney can conduct an investigation with an eye toward effective workplace investigation should look like.But,potential litigation.The investigator assesses the parties as you may conclude for yourself, the most effective andinvolved and the facts, for the purpose of preparing to defend cost-efficient approach may be to retain an investigatora claim that seems likely to result under the circumstances. who is already familiar with and trained in using thoseSuch an investigation will not be viewed as neutral or and other investigation best practices.It can be difficultunbiased given its purpose; but it can be equally beneficial, to reinvent the wheel yourself, and the learning curvedepending on the circumstances and the approach your under these circumstances can be a very dangerous one.company would like to take to specific allegations and the In addition, its worth pointing out that an investigationparties involved in them.If litigation seems very likely down actually can be used in one of two ways, both of which canthe road, perhaps your company may prefer to begin circling help your company. the wagons and gearing up for potential litigation from the start.To that end, the attorney/investigator in this scenario In the first scenario, which is the main focus of this article,also can take on the defense of any potential litigation that an investigation can be conducted by an independentmay arise.That can be a very efficient way to handle things investigator who is asked to determine whether yoursometimes.In the first scenario, however, an investigator workplace policies or laws have been violated.Fromwho also is an attorney would not be able to represent the there,theinvestigatormakesrecommendationsforcompany in subsequent litigation.As indicated, while these follow up employment action, if any, regarding the partiestwo types of investigations have different purposes at the involved.Using an investigator this way shows those who www.mrca.orgMidwest Roofer 9'