When to Call in an Investigator

Do You Need to Hire an External Workplace Investigator?

This is a question I hear often, and I’m always candid in my response. Not every situation requires an external investigator. Many workplace investigations can be handled internally, especially when the issues are straightforward and someone with the right knowledge and experience is available to manage the process properly. However, there are circumstances where it’s worth taking a step back and asking whether that’s truly the best approach.

Key Factors to Consider

Can You Be Truly Impartial?

Even with the best intentions, staying neutral can be challenging. This is especially true in smaller workplaces or towns where everyone knows each other well. If there’s any concern about bias, or even the appearance of bias, it can undermine the entire process.

Who Is Involved?

If the allegations involve a senior employee or someone in leadership, it can be difficult for an internal investigator to operate independently. Imagine an HR Manager investigating another manager they regularly interact with, or a junior HR associate looking into a senior leader with much more authority. Such dynamics can complicate the investigation.

Do You Have the Time and Resources?

Investigations take time. Between interviews, document reviews, and report writing, the process can quickly become more demanding than expected. If internal resources are already stretched, it may be challenging to conduct a thorough investigation.

Is There a Risk of Litigation?

When there’s a higher chance that the matter could lead to a legal claim, it’s crucial that the investigation is thorough, well-documented, and defensible. An external investigator can help reduce that risk.

How Complex Is the Situation?

Some matters involve numerous allegations, conflicting evidence, or multiple witnesses. These cases often benefit from someone with specific investigation experience. An external investigator can navigate these complexities more effectively.

What About Workplace Trust and Morale?

In some situations, employees may feel more comfortable speaking openly to an external investigator. This is particularly true when multiple people are affected by the alleged misconduct. Bringing in a neutral third party can help build confidence in both the process and the outcome.

What Does an External Investigator Bring?

External investigators are trained to approach these situations in a structured, fair, and unbiased manner. They bring experience in:

• Conducting thorough and effective interviews

• Assessing credibility and conflicting evidence

• Applying workplace policies appropriately

• Preparing clear, well-supported reports

  
  

They also bring independence, which can significantly influence how the process is perceived by everyone involved.

Still Not Sure?

Even if you decide to handle an investigation internally, that doesn’t mean you’re on your own. I regularly support employers behind the scenes by providing advice and coaching throughout the investigation process. This can include helping you plan the investigation, structure interviews, and think through findings.

If you’re unsure which way to go, it’s worth having a quick conversation before getting started.

Conclusion

In summary, deciding whether to hire an external workplace investigator is not a straightforward choice. It requires careful consideration of various factors, including impartiality, the complexity of the situation, and the potential for litigation. By weighing these aspects, you can make a more informed decision that best serves your organization and its employees.

The information provided is for general informational purposes only and is not intended to be legal advice. Please seek legal counsel for your specific situation.

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