There are many reasons why an employer would be required to conduct an internal or complaint investigation. The most common reason is that an employee or applicant for employment has filed a complaint alleging discrimination, harassment or retaliation. Employers are required to conduct a prompt, thorough and impartial investigation. An employer’s requirement to conduct an internal investigation is also the case in response to whistleblower and general misconduct complaints.
In addition, to vigorously representing our federal sector clients in discrimination, whistleblower and misconduct cases, our labor law specialists have extensive experience conducting investigation of these matters for public and private sector agencies, companies and organizations. Most importantly, with our experience comes the expectation that investigations must be conducted in such a manner as to protect employees from being branded by a complaint as well as preserving any privilege the organization has with its in-house counsel. Using Capaldo Colangelo, LLC as your outside investigator has many advantages:
First, an independent, outside investigators demonstrates that you, as an employer, take allegations of discrimination and misconduct seriously and that you want to determine what really happened. It can be disastrous to an agency or organization for the complainant or administrative body to allege that the complaint wasn’t properly investigator or “covered up”. An independent investigator who plays no role within the agency or organization is the true collector of facts because they have nothing to gain by reporting the truth. With no preconceived impression of the complainant, subjects or other parties, an independent investigator is impartial. Often the use of in-house counsel or human resource personnel to conduct investigations leads the complainant to believe they are advocating for the employer because they are reliant on them for their job.
Second, when an investigation is conduced by an in-house counsel and the employer wants to use that investigation to show it did the right thing by thoroughly investigating the complaint, the employer may have to waive the attorney-client privilege with respect to internal and strategic communications regarding the complaint and investigation. Using an independent investigator provides a separation between those communications and the investigative process so privilege can be preserved. When Capaldo Colangelo, LLC is used as your independent investigators, we are separate from the employer, which means there is no conflict in terms of representation. An independent investigator does not represent the employer and therefore their statements are limited to what they learned in the investigation and nothing else.
Lastly, Capaldo Colangelo, LLC appreciates and understands the risks associated with employee complaints or other allegations of misconduct. Particularly, when conduct being reported, and the outcome of the investigation can affect the future success and reputation of the organization. Our clients rely on us to use the utmost discretion and ethical decision making during the entire investigative process. Using Capaldo Colangelo, LLC as your independent investigators will demonstrate that you are pursuing the truth in a responsible manner.
Contact us today, to inquire more about our workplace investigations services.
Specializing in Federal Employment Law Consulting, Non-Attorney Representation, and Workplace Investigations.
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