What to Expect When You Hire an External Investigator

When a serious workplace complaint arises involving harassment, discrimination, retaliation, misconduct, or a potential policy violation, an independent investigator can help employers navigate the situation fairly and effectively.

For many organizations, particularly small and mid-sized employers, the investigation process may be unfamiliar. Understanding what to expect can help make the experience less stressful and ensure the matter is handled appropriately.

How Does the Investigation Process Work?

1. Defining the Scope

The process begins with a discussion about the complaint, the individuals involved, and the issues that need to be addressed. The investigator develops a plan identifying the evidence to review, individuals to interview, and an anticipated timeline.

2. Gathering Information and Conducting Interviews

The investigator reviews relevant documents, including workplace policies, emails, personnel records, and other available evidence. Interviews are then conducted with the complainant, the individual responding to the allegations, and any relevant witnesses.

Throughout this process, the investigator serves as a neutral factfinder, gathering information without taking sides.

3. Evaluating the Evidence

After reviewing documents and conducting interviews, the investigator analyzes the information to determine what the evidence supports. Additional interviews or documentation may be needed before reaching conclusions.

4. Preparing the Investigation Report

Once the investigation is complete, the investigator typically prepares a written report outlining the allegations, investigative steps, evidence reviewed, and factual findings. Depending on the scope of the engagement, the report may also include recommendations for next steps.

5. Resolution and Follow-Up

Following the investigation, the employer determines what action, if any, is appropriate. This may include corrective measures, policy updates, additional training, or other steps to address workplace concerns and prevent future issues.

What About Confidentiality?

Confidentiality is an important part of the investigation process. Information is shared only with those who have a legitimate business or legal need to know. While complete secrecy cannot be guaranteed, an independent investigator takes steps to protect sensitive information and maintain the integrity of the investigation.

Why Hire an External Investigator?

An independent investigator brings objectivity, experience, and a structured approach to sensitive workplace matters. Outside investigators can also provide greater credibility to the process, particularly when allegations involve leadership, complex workplace relationships, or potential legal exposure.

How SMGG Can Help

Workplace investigations require careful attention, sound judgment, and a fair, thorough process. SMGG’s Independent Investigations Team is available 24/7 to assist organizations with workplace investigations, whether required by law, internal policies, or the need to address workplace concerns.

If your organization faces a sensitive or complex workplace issue, contact Gretchen E. Moore at gmoore@smgglaw.com or Krystel G. Becker at kbecker@smgglaw.com to discuss how we can help.

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