Workplace Investigations

A common scenario I encounter occurs where an employee makes a complaint—such as of harassment, discrimination, or some other form of misconduct—but when it comes time to sit down for an interview with the investigator, the complainant refuses to participate. Sometimes this happens right at the outset. Other times, an employee cooperates initially and then disengages partway through, refusing to answer follow-up questions.

It’s an uncomfortable position for the employer. The complaint can’t simply be set aside. So what are the options?

I’ve noticed that my clients are increasingly receiving workplace complaints from employees that read less like emotional grievances and more like polished legal demand letters. Complaints now often include references to “hostile work environment,” “protected activity,” “disparate treatment,” and other employment law terminology that many employees would not have used a few years ago.

It’s not hard to figure out why. Employees now have easy access to AI platforms that can help them draft professional-sounding workplace complaints in minutes. An employee can input a few facts into an AI tool and receive back a carefully worded complaint that sounds as though it was written by an attorney.

Some employers make the mistake of dismissing these complaints because they appear AI-generated. That is a dangerous approach. Whether or not an employee used AI assistance to draft a complaint is largely irrelevant from a legal standpoint.

I recently assisted a client in responding to a serious workplace violence incident involving a threat with a firearm made against an employee. Situations like this are among the most stressful an employer can face. They require not only immediate action to protect employees but also careful compliance with California’s Workplace Violence Prevention law.

Here are key steps that employers should take when faced with workplace violence, drawn from my recent experience and prior cases I have handled.