Here are the steps you can expect in our investigative process:

• Case Intake – Our intake manager will have a conversation with the client to understand the complaint and client needs.
• Retainer – Our office manager will work with the client to execute a retainer agreement for the investigation.
• Case Assignment – The investigator and the client will discuss the scope of the investigation and case logistics, such as scheduling, time constraints, budgets and other considerations.
• Introductory Client Call – The investigator will schedule a call with the designated client contact to discuss the scope of the investigation and case logistics, such as scheduling, time constraints, budget, and other considerations.
• Intake Interview with Complainant(s) – Typically within a week after the retainer is executed, the investigator will meet with the complainant(s) to understand the concerns and allegations that will form the basis of the investigation.
• Confirm Scope – The investigator may need to reconfirm the scope of the investigation with the client if the complainant(s) raise new or different allegations during the intake interview.
• Investigative Interviews – Over the course of two or three weeks, the investigator will meet with the respondent(s) to understand their side of the story and obtain their response to each specific allegation lodged against them. The investigator will also meet with witnesses, some of whom the parties have suggested and others who the investigator has identified as likely to have relevant information regarding the allegations.
• The Report – Typically about two weeks after the last interview, the investigator will provide a written report of the interview summaries and the investigator’s factual findings to the client. Within that two-week time period, the investigator will finish writing the report, send it to a writer for copyediting, and then send it to a supervising attorney/partner to substantively review the report, including the findings, to ensure that the analysis and determinations are well thought out, fair, and unbiased.
• Final Determination – Once the investigator provides the final report to the client, our firm is typically not involved in deciding what disciplinary actions should be issued as a result of the investigation.
• Conflict Resolution – Because our investigators are in a unique position to ascertain the common concerns and root causes of these conflicts, we might suggest other conflict resolution tools, such as mediation, coaching, or implicit bias training. In some cases, we can refer the client to someone and at other times members of our team who were not involved in the investigation can assist with this.

Many complaints can be investigated by a competent, experienced internal human resources professional. However, not all companies have such a person. Even if a qualified in-house person is available, it can be advisable to use an outside investigator in certain circumstances, such as:

• When the complaint is brought by or against a member of the human resources or employee relations team;
• When the complaint is brought by or against an individual who has more authority than the internal investigator;
• When the internal investigator has any perceived or actual biases related to the complaint;
• When other circumstances would make it difficult for an internal person to maintain objectivity or independence;
• When the internal investigations team is presented with a complicated and nuanced complaint that is beyond their experience and expertise to handle.

No, not every complaint requires an investigation.

One way we answer the question as to whether an investigation is necessary is by asking: “Are there allegations that, if true, would constitute a violation of rules, laws, policies, important workplace expectations, or codes of ethics?” If so, and if you do not have enough information to determine what did or did not happen, you should have someone investigate the matter to gather that information.

We can help clients determine if an investigation is needed by conducting an “intake,” meaning an initial meeting with the complainant, to give the client additional information to decide whether to launch a full investigation into the allegations reported.

The intake may reveal management issues that can be handled internally, serious or problematic allegations that should be investigated, and/or organizational or team concerns that might be better resolved through a facilitated mediation or bias training, instead of a workplace investigation. We will work with you to find the service that most appropriately meets your needs.

We wish we could give a definite answer to this, but there are too many variables. We bill by the hour, not on a flat-fee basis. Costs vary depending on the number and complexity of the issues, the number of witnesses to be interviewed, and the number of documents that need to be reviewed.

Most of the investigations we conduct cost between $15,000 and $30,000. The more expensive investigations usually involve multiple complainants and/or respondents, multiple allegations, and/or substantial document review. A small percentage of our investigations bill out at less than $10,000 and an equally small number come in more than $60,000, but these are not the norm for our practice.

We strive to make investigations as affordable as possible under the circumstances of the case.

From start to finish, a standard investigation (with one complainant, one respondent, and six witnesses) typically takes six to eight weeks to complete. This includes four to six weeks to conduct interviews and an additional two weeks to complete the investigation report. Some cases take less time, while others require more – depending on the complexity and number of allegations at issue and people’s availability to meet with the investigator.

In certain circumstances where, for example, a respondent has been placed on administrative leave, or a party or a key witness has a scheduled vacation or departure from the entity approaching, we will try to fast track the case and prioritize it over other matters to complete it sooner, and possibly even provide a truncated final report. In all instances, we work as efficiently as possible to conduct a fair, thorough, timely and cost-effective investigation for our clients.

One thing that distinguishes a competent, experienced investigator from a novice is the ability to determine what needs to be investigated, what is superfluous and how to get to the core issues efficiently. We call this “right sizing” the investigation.

We will do everything necessary for a thorough investigation, but nothing more. Interviewing unnecessary witnesses is expensive – both in terms of cost and the impact in the workplace. We efficiently analyze the allegations and evidence to avoid unnecessary financial and workplace impact.

Once our office is retained, we start the investigation as soon as possible. We then proceed as quickly as practicable under the circumstances. Some investigations are wrapped up in a matter of weeks, while others may take months.

In nearly all of our investigations, we produce a written report. We also prepare an executive summary of the investigation and findings, at the client’s request. The report sets out the complaint, response, information gathered from witnesses and documents and the findings, including the reasoning for the findings.

Our findings are usually factual findings rather than legal or policy findings.