We conduct prompt, thorough workplace investigations while minimizing unnecessary financial and workplace impact.
We conduct fair, thorough, and timely workplace investigations for employers. We bring impartiality, rigor, and deep employment law expertise to every investigation. We remain attentive to every party’s perspective and their desire to be heard, while remaining focused on the client’s need for a prompt, well-reasoned, and cost-effective resolution.
Why hire outside counsel to conduct an investigation?
Selection of a neutral investigator is a key component of any workplace investigation. There are several reasons why employers should retain outside counsel to conduct the investigation, such as when the complaint is by or against an individual with more authority than the internal investigator, when the internal investigator has any perceived or actual biases related to the complainant or key individuals, or when other circumstances would make it difficult for the internal investigator to maintain objectivity or independence. As a general rule, experienced outside counsel should investigate complaints that are likely to go to litigation.
Why Rivera Employment Law
We provide an extensive range of investigation services. Our goal is to do everything necessary to conduct a thorough investigation, but nothing more. Interviewing unnecessary witnesses and reviewing superfluous documents can be costly, both in terms of what the investigator charges and also in terms of the impact in the workplace. We will analyze the allegations and evidence to avoid unnecessary financial and workplace impact. We have handled virtually every type of workplace issue. Our experience ranges from relatively simple matters, to high-profile, high-exposure, complex investigations where clients have needed the top caliber of workplace investigators.
What Happens, Step by Step
- Initial Conversation: We start with a call to understand the nature of the complaint, who’s involved, and any additional client needs. We’ll discuss the scope of the investigation and case logistics, such as scheduling, time constraints, budgets and other considerations.
- Engagement Letter: Once we’re retained, we send a written engagement letter defining the scope of the investigation and the terms of the investigation.
- Scoping Call: Before any interviews begin, we speak directly with our client contact to confirm who needs to be interviewed, and any practical constraints, such as scheduling limitations or timing pressure created by an employee’s leave, departure, or other business need. We may request any relevant documents to help us get started.
- Complainant Interview: We typically meet with the complainant first, usually within a few business days of being retained, to understand the allegations in detail and identify potential witnesses and evidence.
- Scope Confirmation: It’s common for new or additional allegations to surface during the interview with the complainant. When that happens, we go back to the client promptly to confirm whether the scope of the investigation should expand before we proceed further.
- Witness and Respondent Interviews: We next interview any relevant witnesses. We will provide the client with an update on the information learned after each witness interview. We lastly meet with the accused, who will be informed of the allegations, and provided a full opportunity to present their side of events.
- Report Preparation: Once interviews are complete and any relevant documents have been reviewed, we typically need about two weeks to prepare a written report. This includes reviewing the investigation file, an internal review process to check the analysis for fairness and consistency, and finalizing the document for delivery to the client.
- Delivery of Findings: We provide the client with a written report of our factual findings. What the client does with those findings, including any disciplinary or remedial action, is a decision that belongs to the client, not to us. As should be the case for any attorney-led investigation, our role is strictly limited to that of neutral fact-finder, and not advising the client on how to move forward or issue disciplinary or other corrective action.
A straightforward matter, with a single complainant, a single accused individual, and a handful of witnesses, often wraps up within four to eight weeks from engagement to final report. More complex matters, involving multiple complainants, extensive documents, or witnesses who are difficult to schedule, can take longer. Where circumstances call for speed — for example, a respondent on administrative leave, or a witness who is about to leave the company — we prioritize the matter and move as quickly as the facts allow.
Frequently Asked Questions
Why Retain an Outside Investigator Instead of Handling It Internally?
Selection of a neutral investigator is a key component of any workplace investigation. There are several reasons why employers should retain outside counsel to conduct the investigation such as:
- When the complaint is by or against an individual with more authority than the internal investigator
- When the internal investigator has any perceived or actual biases related to the complainant or key individuals, or
- When other circumstances would make it difficult for the internal investigator to maintain objectivity or independence.
- As a general rule, experienced outside counsel should investigate complaints that are likely to go to litigation.
When an attorney conducts the investigation, the process can also be protected by the attorney-client privilege. In practical terms, this means the investigator’s notes, client communications, and analysis are generally shielded from disclosure in any later litigation, giving the employer greater control over sensitive information and more flexibility in deciding how to respond to the findings.
What Does an Investigation Cost?
We bill by the hour rather than a flat fee, since the true cost of an investigation depends heavily on the number of parties and witnesses, the complexity of the allegations, and how much documentary evidence needs to be reviewed. A relatively contained matter — one complainant, one respondent, a small number of witnesses — usually costs significantly less than a matter involving multiple complainants, multiple respondents, or extensive document review. Most of our investigations cost between $10,000 and $25,000. We always aim to conduct a complete and defensible investigation, without doing more than the matter actually requires, in order to make the investigation as affordable as possible.
We also keep you informed and involved at every stage. Before we interview anyone or expand the scope of the investigation, we check in with you so you know what’s coming and why. Nothing proceeds without your awareness and approval, which means there are no surprises when the invoice arrives — you’ve already seen the work take shape as it happened.
How Do You Decide Who to Interview?
Part of what an experienced investigator brings to a matter is judgment about scope — knowing what genuinely needs to be investigated and what doesn’t. Interviewing witnesses who have little relevant information adds cost and prolongs the process without adding real value to the findings. We interview witnesses when there’s a genuine reason to believe they have relevant, firsthand knowledge of the events at issue. Before adding a witness to the list, we ask what that person is actually likely to add to the record. This keeps the investigation focused on the facts that matter, and keeps the cost and timeline proportionate to the issues actually in dispute.
Will I Receive a Written Report?
Yes. In virtually every matter, we provide a written report summarizing the allegations, the responses gathered, the evidence reviewed, and our factual findings, along with the reasoning behind those findings. Where useful, we can also prepare a shorter executive summary alongside the full report. Our findings are factual determinations — what we believe more likely than not occurred — rather than legal conclusions or recommendations about discipline, which remain the client’s decision to make.
Will the Investigator Offer Guidance On Appropriate Corrective Action?
Our role in a workplace investigation is strictly that of a neutral fact finder. We gather the relevant evidence, assess witness credibility, and reach findings as to what did or did not occur, but we do not recommend corrective action. As is standard practice for attorney-led investigations, we generally do not provide legal guidance on appropriate corrective action, including disciplinary measures or termination decisions. Decisions about how to respond to our findings are legal and business decisions that belong to the employer, often made in consultation with employment counsel separate from the investigator. Keeping these roles separate helps preserve the neutrality and credibility of the investigation itself, which is often critical if the findings are ever scrutinized.
