Internal Investigations: 3 Common Mistakes and 3 Quick Reminders 

How you handle a complaint often matters as much as the conduct behind it. A rushed or sloppy investigation can create more liability than the original issue.

Here are three mistakes employers make again and again, and three reminders to keep your process on track:

• Mistake 1: Waiting Too Long to Start: Once you are on notice of a complaint, the clock is running. Delay suggests you did not take the concern seriously and gives the problem room to grow. A prompt response protects your employees and your business.
• Mistake 2: Picking the Wrong Investigator: Your investigator needs to be neutral and credible. Someone with a stake in the outcome, or who reports to the person being investigated, can undermine the whole process no matter how fairly it is run.
• Mistake 3: Promising Confidentiality: You Cannot Keep You can promise discretion. You cannot promise complete confidentiality, because a real investigation means talking to other people. Overpromising costs you trust the moment you have to walk it back.

3 Quick Reminders

1. Take immediate action where needed. If someone is at risk, do not wait for the investigation to wrap up. Interim steps, like separating the parties, can prevent harm and show you took the complaint seriously.
2. Document as you go. Clear notes, timelines, and supported conclusions turn a defensible process into a provable one.
3. Follow up after the findings. Take appropriate action and close the loop with the employee who raised the concern.

We Can Help You Get It Right

A complaint does not have to become a crisis. We work alongside employers to walk through the investigation process step by step, evaluate next steps as the facts develop, and identify the additional information you need to consider before making a decision. Contact us to talk through your situation.

Disclaimer: This content is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Employment laws vary significantly by state and circumstance. Please contact our office regarding your specific situation.