When to Hire an Outside Investigation Firm

When You Need an Unbiased Expert

Hiring an outside investigation firm makes sense when there is a possibility that litigation may arise. In this case, an outside firm takes away any questions relating to the competency of the investigator. Additionally, it removes any perceptions of bias on the part of the investigator and any questions about the thoroughness of the investigation.

RELATED: Every Workplace Investigation Needs a Thorough Investigation Plan

When the Investigation is Complex

There are also other situations in which an outside investigator makes sense including:

Internal Conflicts

• The allegations involve a member of the HR department or upper management.
• There are allegations that may involve significant financial or legal exposure to the company.
• There are questions as to the in-house team’s experience and qualifications.
• There are questions that the in-house investigator may not be viewed as unbiased and objective.
• The accusations have been made public. If the allegations have been reported in the press or are even widely known within the company, using an outside investigator preserves the integrity of the investigative process and ensures that the process is viewed as impartial and fair.
• There have been complaints by more than one employee about the same problem. This could involve harassment or sexual misconduct complaints.

Sensitive Nature

• The situation is highly confidential or sensitive.
• The investigation involves sensitive issues such as sexual harassment, discrimination, retaliation, whistleblowing, theft/embezzlement, assault/battery or drug dealing.

Includes Regulatory or Legal Lapses

• A government agency is involved such as the EEOC, DFEH, DOL, or OSHA.
• There are allegations of criminal behavior and cooperation with law enforcement is necessary.
• There are allegations of discrimination or allegations that relate to policies including gender, pay, promotions, race, etc.

RELATED: Assembling an Investigation Team

Consider the Potential Risks to Your Company

When deciding on how to best handle a sensitive investigation using either an in-house or an outside investigator, the issue is one of risk management and what is best to avoid any litigation now or in the future. The possibility of future litigation and defense of the investigation and the company should be the deciding factor.