Workplace Investigations: Why Getting Them Right Is Critical
Workplace investigations are one of the most high-risk processes an employer can undertake. Done well, they resolve problems, protect employees, and shield organizations from liability. Done poorly, they open the door to lawsuits, regulatory action, and reputational damage that can take years to repair. Even a single mishandled compliant can send a clear signal that leadership is unwilling, or unable, to enforce its own standards.
Case Example
Earlier this year, Con Edison in New York agreed to pay $750,000 to settle claims that female field workers were subjected to ongoing harassment and discrimination while management repeatedly failed to act on internal complaints. The New York Attorney General’s investigation found that reports were ignored or dismissed, leading to systemic issues that persisted unchecked. As part of the settlement, the company agreed to overhaul its investigative procedures, bring in an independent consultant, and establish an employee resource group to strengthen accountability.
Tips for Building a Resilient Workplace Investigation Program
The credibility of any workplace investigation rests on speed, impartiality, and thoroughness. Acting quickly signals that leadership takes concerns seriously, while delays can undermine trust and compromise evidence. Neutrality is essential, especially when allegations involve senior leadership or human resources. In such cases, bringing in an independent investigator can protect both the integrity of the process and the organization’s legal standing.
Thorough documentation is equally critical. A clear, factual record of what was reported, who was interviewed, what evidence was reviewed, and the reasoning behind decisions may be admissible evidence if the matter reaches litigation. Factual, non-privileged notes or reports may also become your best defense. Records should also capture your investigation follow-up actions, ensuring the process leads to lasting improvements rather than just being a paperwork exercise.
Finally, investigations should be more than reactive. Leaders must set the expectation that complaints will be handled professionally, without retaliation. Employers who focus on creating trusted reporting channels and training managers to recognize and escalate concerns show that leadership views investigations not as a legal hurdle, but as a core responsibility in protecting people and strengthening the organization.
Support for New Jersey Employers
When a workplace investigation calls for added neutrality, employers often turn to outside support. For organizations in New Jersey, the Employers Association of New Jersey (EANJ) serves as a trusted resource. EANJ offers access to professional investigators with knowledge of employment law and workplace dynamics.
New Jersey employers who need guidance navigating a complex complaint or conducting an independent review can consult with EANJ to determine the most appropriate next steps. To learn more, reach out to discuss your situation.