Workplace Investigations

Twin Cities attorney Thomas Wieser advises employers regarding workplace investigations. With more than 40 years of practice experience in employment law, school and education law, and civil litigation, Tom has the right experience, skills, and knowledge to assist clients who are navigating a workplace investigation at all stages of the process.

Our Approach

It is 3:00 on Friday afternoon. It has been a busy week as you look forward to wrapping up some final projects before heading home for the weekend. You look at your email and see a message from an anonymous sender reporting concerns about a long-term manager (Bob), who has been making inappropriate sexual comments to a recent hire (Kim).

Your initial reaction is to ignore the message because the message is from an anonymous sender. You have no knowledge of any prior concerns about Bob, and the allegations are vague. However, you decide to give attorney Tom Wieser a quick call to see if this new situation is something to be concerned about.

To your surprise (and some disappointment), Tom recommends the following steps:

1. Review Bob’s personnel file to see if there are any prior concerns about him.
2. Send Tom the employee handbook for the organization to review applicable employee conduct and harassment policies.
3. Determine whether Bob has any supervisory authority over Kim.
4. Consider whether it is prudent to place Bob on temporary paid leave pending an investigation. If so, Tom will prepare a memo to Bob stating that the organization has received a report about possible misconduct by him, telling him that no determination has been made about the allegations, and letting him know what he is permitted to do while on leave. Tom can also prepare talking points for the meeting with Bob.
5. Determine what information can be provided to Bob’s coworkers about Bob’s status if he is placed on leave.
6. Discuss options for conducting an investigation into the allegations against Bob.
   • Should the investigation be conducted by someone inside or outside your organization?
   • If the investigation is to be conducted by someone outside the organization, Tom has a panel of investigators that can be considered.

While the investigation is underway, Tom discusses the following subjects with the investigator:

• Ascertaining who should be interviewed, in what order, and where
• Discovery of new or previously unknown facts that might take the investigation in a new direction
• Problems with scheduling interviews or how to respond to employees who are hesitant to participate in the investigation or want a coworker or attorney to be present for the interview
• Determining when the investigation is complete
• Discussion of what information should be included in the report prepared by the investigator
• Deciding who should participate in a discussion about whether the investigation has established that Bob’s conduct violated one or more organization policies
• If Bob’s conduct violated one or more organization policies, determining the appropriate level of discipline for Bob
• Determining what information about the outcome of the investigation should be provided to Kim and to witnesses who were interviewed

Each one of those issues requires consideration, deliberation, and resolution. Tom has advised dozens of organizations on workplace investigations. The general issues are the same, but the details of each investigation are unique.