Why Workplace Investigations Are Critical in California: A Guide for Employers

Irvine | Bidgoli, P.C. Workplace Investigation Law Firm

Workplace investigations are not just a good idea; in California, they are often a legal requirement for employers. Beyond legal compliance, conducting thorough and fair investigations offers numerous benefits, from preventing minor issues from escalating to huge lawsuits.  Irvine | Bidgoli, P.C. Workplace Investigation attorneys conduct neutral and unbiased workplace investigations for California employers of all sizes.

Why You Can't Afford to Skip an Investigation

Ignoring or delaying a complaint, even a seemingly minor one, can have serious repercussions for your company. Here's why investigations are so critical:

• Legal Obligation & Defense: California law imposes a duty on employers to investigate misconduct and take remedial action to prevent further discrimination or harassment. Should your company face litigation, a well-documented investigation can become a key piece of evidence for your defense, demonstrating that you conducted a thorough, prompt, and fair process.

  
  

• Early Problem Identification: Investigations help identify problems before they become widespread. A seemingly "small, off-handed comment" reported by an employee, if investigated, could lead to beneficial training that prevents future, more serious incidents. This proactive approach can stop one incident from turning into "three, four, five incidents" and a much larger violation or lawsuit.

  
  

• Maintaining a Safe and Positive Workplace: Taking employee concerns seriously builds trust. When employees are confident that their employer will act on their concerns, they are more likely to report smaller issues before they grow into significant problems. This contributes to a positive and safe working environment.

  
  

• Policy Review and Improvement: An investigation might reveal that company policies are outdated, unclear, or lack a clear reporting structure. This gives you an opportunity to revise and update policies to ensure compliance with the law and improve internal processes.

  
  

Goals of a Workplace Investigation

Once you've decided to investigate, clarity on your objectives is essential. Key goals include:

• Identifying the Complaint: Clearly define the complaint and the complainant.

• Prompt, Fair, and Thorough Process: Conduct an investigation that adheres to these principles.

• Identifying Problematic Behavior: Pinpoint the specific individuals, actions, policies and conduct that led to the complaint.

• Recommending Corrective Action: Propose solutions that are fair and "reasonably calculated to end that problematic behavior". This could range from additional training for specific employees or supervisors to more serious disciplinary actions, including termination.

  
  

Implementing Company-wide Changes: Use insights from the investigation to identify and implement necessary changes, such as updating policies or improving reporting structures.