The Five W’s of Independent Investigations

With over 20 years of investigations experience, SMGG recently launched a practice group dedicated to these efforts.  So let us start with some foundational questions about hiring a law firm to conduct an independent investigation.

Who? Companies, municipalities, non-profit organizations, and schools (public, private, and charter schools) all face the question of when to hire an outside investigator.  While there are times when an internal human resources employee can investigate a matter, more complex complaints involving multiple theories of liability, whistleblower statutes, multiple parties, and concerns about internal politics and allegiances may mean it is time to bring in a qualified outside investigator.

What? Under some instances, statutes regulate how investigations must be conducted and when investigations must happen.  Some entities have internal policies that may dictate the circumstances under which investigations should be conducted.  Other times, it is just the right thing for the organization to do.

When?  Typically, a duty to investigate is triggered upon receipt of an employee complaint or an incident at your workplace, school, or municipality (these can range from illegal activity to company policy violations).  Or – there could be an anonymous tip, rumor, hearsay, or third-party employee(s) complaining on behalf of a victim. We encourage our clients to ask themselves: Do I know, or should I have known, that there is a potential problem?

Where? A skilled independent investigator will do what it takes to track down the situation, including: interviews, site visits, assessing data and records, and gathering electronically stored information.

Why? A prompt, thorough, and fair investigation conducted in good faith can often insulate an employer from liability, improve employee morale, and prevent further incidents from occurring.

Reach out to SMGG for assistance with an issue that requires an independent eye. Contact Gretchen Moore or Laura Gutnick at Strassburger McKenna Gutnick & Gefsky to discuss your options.

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