Employee Complaint Investigations

When an employee makes a complaint, the company has a duty to investigate the allegations in the complaint in a timely manner; to identify whether remedial measures are necessary; and to implement those remedial measures in a manner consistent with relevant law. Cannon has conducted a multitude of investigations based on employee complaints and has provided advice and counsel to a variety of organizations on how to do the same. Such topics include allegations of discrimination, harassment, hostile work environment, unfair treatment and favoritism, bullying, unequal pay practices, OSHA violations, FERPA violations, violations of National Labor Relations Act and Collective Bargaining Agreements, etc. Properly conducting employee complaint investigations, implementing remedial measures if necessary, and documenting the same can significantly impact whether a company gets sued, and if litigation ultimately follows, whether or not the company can prove their defensive stance. Cannon can assist the company with employee complaint investigations so that the company is prepared to defend itself if necessary, and just as important, so the company can get to the root cause of the employee concern and implement remedial measures to assure that the company maintains a safe and healthy workplace.

Pre-trial/Post Complaint Investigations

General Counsel by Cannon also conducts investigations in preparation for litigation (pre-trial investigations). When a complaint is filed at the agency or trial court level and an organization is notified that they have been sued, the first step is to prepare to answer the complaint. That involves an internal investigation. At this stage, the investigation may just involve collecting information regarding the matter already obtained from the lead human resources officer or other department heads, but also may involve site visits, witness interviews, the review and cross referencing of documents, and discovery from related legal matters such as interrogatories and document requests responses, and depositions of witnesses and the parties. At this point, the organization is on the defense and Cannon will be unearthing the facts that will inform the organization’s version of events and providing context to what may appear as unfavorable facts but in reality are not unfavorable but justifiable legitimate business decisions or perhaps are just taken out of context as written by plaintiff’s counsel in the complaint. Further, this process and the information gleaned therefrom will inform trial strategy and later the trial preparation sessions. As a labor and employment litigators, Cannon has a plethora of experience conducting pre-trial investigations. A Company can be assured that a Cannon investigation will be conducted in a manner consistent with organizational rules, policies, and procedures as well as any employment agreements and collective bargaining agreements that may be in effect.

Environmental Scans

On occasion an organization or a department in an organization may have reasonable suspicion of wrongdoing, concern of a poorly performing department or poorly performing manager, notions of the beginnings of a toxic work environment, or the like, but there has not been a formal complaint submitted. General Counsel by Cannon assists with these concerns by doing an environmental scan of the department or the organization. This type of workplace investigation is broader in scope involving an internal analysis of the department over a longer period of time with the goal of identifying issues to be addressed, the impact those issues have had on the past, present and future if they go unaddressed, and identifying reasonable and equitable solutions. These investigations might consider input from staff and the leaders in the department, the production goals of the department the resources available to the department to facilitate the production goals, the processes and procedures and application thereof utilized to facilitate the productions goals, how the departmental goals fit in with the larger organization, etc. Additionally, when a company is experiencing organizational change, an Environmental Scan is an important stage in the change management strategy because the process can unearth information and/or issues that would otherwise not have been foreseeable just by engaging a broader audience in the prospective changes to come. Such scans can also be used as a tool to integrate diversity, equity and inclusion practices into an organization because the process involves engaging staff and/or stakeholders in conversations in a manner that ask for their perspectives, this process is inherently conducive to positive employee relations and thus, engaging in periodic environmental scans can add long term value to any company.

Scope of the Investigation and Investigation Package

General Counsel by Cannon is experienced at efficiently analyzing an issue to determine the scope and level of investigation necessary to meet the end goal. It is necessary that each investigation be unbiased and thorough. However, the steps required to get there are not always the same. Not all investigations need to be major, but an investigation plan should be created every time. A harassment investigation will most likely require more time and planning than an allegation of chronic absenteeism. Regardless of the level of investigation, each investigation should be thoroughly documented from the beginning to the end (and ongoing relevant information). Cannon is experienced at analyzing the complaint/issue and creating an investigation plan that will set the stage for a thorough and unbiased investigation. Additionally, Cannon can conduct the investigation or provide advice and counsel to the company’s representatives on the scope and level of investigation necessary to achieve the end goal.

Lastly, all of the information relevant to the investigation should be compiled to create an Investigation Package. The Investigation Package informs and supports the information in the investigation Report which is a summary of the investigation. Both the investigation Report and Package should be preserved. In anticipation of possible litigation and as evidence to support the recommendations made after the conclusion of the investigation and to evidence that the investigation was unbiased and thorough. Additionally, in case litigation does follow, the investigation package will save the organization response time and legal fees.