EMPLOYMENT INVESTIGATIONS

Investigating internal employee complaints often involves complicated, personal and litigation bound issues for the company. A number of problems may be created by an improperly conducted investigation, including loss of employee morale, destruction of confidentiality and potential litigation against the company as well as the investigator.

Alternatively, Federal and State courts have dismissed complaints against employers who can demonstrate that they had in place and implemented an effective program to prevent, detect, and quickly correct the improper conduct. Among other components, an effective program must include a process for prompt, thorough, and fair investigations of employees' complaints and remedial actions when necessary.

New Jersey courts are at the forefront of developing employment law and are often followed by courts in other states often follow these decisions in their own cases. Recent New Jersey courts have emphasized the risk to employers who have harassment/discrimination prevention programs in place but do not ensure that their investigations into employee misconduct are prompt, thorough, impartial, and well documented and that the investigative conclusions are well founded. These cases demonstrate that rather than shielding an employer from expensive litigation, an investigation can become a plaintiff's "sword" and an additional basis for employer liability.

SPSK has experienced Investigators who can assist employers by conducting investigations in a prompt, thorough and impartial manner. All investigations are conducted in the strictest of confidence and, generally, consist of the following steps:

• Initial Consultation with Client to obtain background facts regarding complaint, review of relevant documents, including anti-harassment/non-discrimination policies
• Investigatory interviews of complainant, fact witnesses and alleged harasser
• Drafting of investigatory report which includes background, statement of complaint, summary of interviews, findings of fact, legal analysis, conclusions and recommendations
• Follow-up with client regarding implementation of recommendations

Overview