I have devoted a good part of my legal career to either conducting investigations or scrutinizing them. As a prosecutor, I investigated hundreds of cases, ranging from kidnappings to homicides. As an employment lawyer, I still investigate cases, now on behalf of employers.
Far more frequently, however, I evaluate the investigations conducted by employers in the course of my representation of a client who has complained about discrimination and/or harassment in the workplace. Not only do I view such investigations as an opportunity to place my client’s accusations in fuller context; I scrutinize them both procedurally and substantively to determine whether the investigations themselves are a product of further discrimination and/or retaliatory treatment by the employer. Below are the top five red flags I look for in reviewing an employer’s investigation.
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