Workplace Training / Investigations

Here at Carcich O’Shea, LLC, our attorneys have vast experience in representing management in employment and labor law matters. We also specialize in assisting employers understand employment laws so that they do not violate any statute. Our expertise includes training and educating employers about harassment and discrimination claim investigations. It is important to know that employee training and proper investigations can reduce the legal costs and employer exposure in the case of inevitable litigation.

Understanding Workplace Training / Investigations

New Jersey law mandates that an employer has to conduct appropriate investigations of any potential workplace harassment complaints. Workplace training and investigations are an integral part of resolving alleged misconduct and harassment in the workplace. As a professional employer, conducting an inadequate investigation of a report of discrimination or retaliation can create liabilities for your company, and potentially lead to even more damages. Furthermore, the decisions that an employer makes due to a badly conducted investigation can lead to detrimental consequences.

Employers have to make sure that they follow an investigation process that is fair for all the implicated parties. This investigation has to consider the relevant information before the enforcement of discipline on the accused.

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Why Should You Hire Attorneys For Workplace Training / Investigations?

Hiring an attorney to render help to an employer during an investigation is more important than you think. An attorney will be able to guide the employer on what to do so that liabilities can be avoided, and their legal rights would be protected. Apart from holding workplace training, attorneys can review the harassment/discrimination complaint so that a proper investigation report can be documented.

Workplace training and investigation attorneys can also assist clients in interviewing the parties involved and make proper documentation of their statements. Reports that the attorney writes will include detailed analysis and evidence. Attorneys can also help to recommend the most appropriate corrective action based on the facts of the case and the type of policy violations that are involved in the complaint.

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Common FAQs About Workplace Training / Investigations

Who is in charge of the investigation?

It is important to first consider if the investigation should be carried out by someone from the same organization or from an external one. Your attorney should be able to advise you on whether there might be potential bias involved if the investigation is held internally. They would also be able to tell you if a specific skill should be considered based on the nature of the investigation and the case in question.

How is the evidence gathered and reviewed?

Your attorney would be able to tell you if the evidence that was collected can be authenticated or whether or not it might be admissible in court. An attorney can also decide how much importance should be placed on different pieces of evidence.

How should the report be written?

It is important to document every step of the investigation and write it in an accurate manner. You have to bear in mind the audience and whether or not the evidence supports the final conclusion. It should also include the actions that are recommended.

How do you debrief an investigation?

Before the debrief, you have to consider whether any risks have been identified from the investigation. It should include trends that are observed in the investigation as well.

How should the interviews be conducted?

Your attorney will guide you on the type of questions to ask and even details like where the interview should be conducted for maximum effectiveness.

Workplace Training / Investigations