The primary goal of our Colorado employment lawyers is always to help clients accomplish their business objectives. Because the pursuit and achievement of business objectives affects employees, our attorneys provide both legal and human resources advice to clients. We counsel clients on a full range of employment law issues from personnel policies and handbooks to workforce reductions and reorganizations.
Many of you are aware of the increase in employee complaints brought against employers. Does the following scenario sound familiar? You just learned of a serious complaint—whether it is sexual harassment, discrimination, theft, substance abuse, ethical violations, threats of workplace violence or whistleblowing—and you want to know what to do?
The first step is to investigate the complaint. But before launching into an investigation, you must determine who is the best person to conduct the investigation. Is it you? You may be too close to the situation or not have the adequate skills to conduct an effective investigation. What can you do?
You have an excellent alternative. CDHKS is acknowledged, nationwide, as a leader in conducting investigations. In fact, ten years ago two partners created the first nationally recognized training program on “Conducting Internal Investigations.” Since that time, our firm has taught thousands of in-house counsel and human resource professionals how to conduct internal investigations.
Often times, however, the nature of the complaint mandates that an outside investigator conduct the investigation. We have several attorneys in our firm who are skilled at investigating a variety of sensitive complaints. By having an outside investigation, this allows you to demonstrate your commitment to a fair workplace by engaging in effective, prompt and independent investigations of employee complaints. This conduct is exactly what courts, juries, arbitrators and mediators have come to expect from good employers.
Also, the quality of the investigation is being closely examined by courts. The relatively new legal theory of “negligent investigations” is one additional risk that you do not need. Again, you do have an alternative which allows you an effective way to minimize such claims.