When allegations of misconduct arise in the workplace — whether related to harassment, discrimination, retaliation, theft, safety violations, or other serious concerns — how you respond matters. Conducting a prompt, impartial, and well-documented workplace investigation not only helps resolve the issue but also protects your company from legal liability and reputational harm.

At Kaplan Employment Law, we conduct and guide workplace investigations for Florida employers to ensure they are thorough, compliant, and defensible. We understand that investigations are more than fact-finding exercises — they are opportunities to demonstrate your company’s commitment to fairness, diversity, and a safe workplace.

Why Workplace Investigations Are Essential

When employees raise complaints — whether about sexual harassment, discrimination, retaliation, wage disputes, or other violations — the law requires you to take them seriously and investigate. Failing to do so can lead to:

A well-handled investigation can help resolve disputes internally, limit exposure, and reinforce your commitment to treating all employees with respect and dignity.

Key Principles of an Effective Workplace Investigation

We ensure that every investigation we handle follows these best practices:

  • Prompt Action: Investigations should begin right after a complaint is made.
  • Impartiality: The investigator must be neutral, with no stake in the outcome.
  • Confidentiality: Limit information to those who need to know.
  • Thorough Documentation: Maintain clear, detailed records of all steps taken.
  • Consistent Standards: Apply policies equally to all employees, regardless of background or position.
  • Clear Resolution: Conclude with a factual determination and appropriate corrective action.

The Role of Diversity and Policy Publication in Investigations

Investigations are far more defensible when your company already has clear, published policies that are communicated to all employees. For example:

  • A well-written anti-harassment policy that employees can easily access ensures everyone knows the rules.
  • Published complaint procedures show that employees have clear reporting channels.
  • Consistent enforcement of policies demonstrates that all employees — regardless of race, gender, age, or other protected characteristics — are treated equally.

When employees see that complaints are addressed according to published procedures, it builds trust and encourages them to raise issues before they escalate.

Our Workplace Investigation Process

  1. Intake & Planning: We begin by reviewing the complaint, relevant company policies, and any legal considerations. We determine the scope of the investigation and identify necessary witnesses and documents.
  2. Evidence Gathering: We collect all relevant materials, such as emails, text messages, security footage, HR files, and personnel records.
  3. Witness Interviews: We conduct confidential interviews with the complainant, accused party, and any witnesses, ensuring all are treated respectfully and given an opportunity to provide information.
  4. Analysis of Facts: We weigh the evidence, assess credibility, and determine whether company policy or law was violated.
  5. Written Findings & Recommendations: We prepare a comprehensive report outlining the findings and recommended actions. This report is designed to stand up to EEOC or court review if challenged.
  6. Implementation of Corrective Action: We assist in implementing any necessary disciplinary measures, policy revisions, or training.

We Make the Difference in Your Story.

FAQ: Workplace Investigations

How quickly should I start an investigation after receiving a complaint?

Immediately. Delays can be seen as neglect and increase your legal risk.

Can HR handle the investigation internally?

Yes, but only if HR can act impartially. In sensitive cases, an outside investigator can ensure objectivity.

How confidential are workplace investigations?

Absolute secrecy is impossible, but information should be shared only on a need-to-know basis.

What if the complaint seems false?

You must still investigate. Prematurely dismissing a complaint without investigation can lead to liability.

How do investigations support diversity and inclusion?

Consistently applying published policies and giving all employees equal treatment reinforces your commitment to a fair, inclusive workplace.

Why Employers Choose Kaplan Employment Law

  • Exclusive Employment Law Focus: We understand the legal nuances of harassment, discrimination, and retaliation cases.
  • Defensible Process: Our methods meet or exceed EEOC and court expectations.
  • Reputation Protection: We help you manage sensitive situations discreetly and professionally.
  • Commitment to Fairness: We ensure all parties are heard and treated with respect.

Common Triggers for Workplace Investigations

  • Sexual harassment or sexual assault allegations.
  • Racial, gender, disability, or age discrimination complaints.
  • Retaliation claims after protected activity.
  • Theft, fraud, or policy violations.
  • Workplace violence or safety violations.

Post-Investigation Follow-Up

An investigation should not be the end of the process. We recommend:

  • Communicating outcomes appropriately (while protecting confidentiality).
  • Monitoring the workplace to ensure there is no retaliation.
  • Reviewing and updating policies to address any identified gaps.
  • Providing more training to prevent future issues.

By showing employees that their concerns lead to real action, you reinforce a culture of trust, safety, and inclusion.

Get Started Today: Contact Kaplan Employment Law to ensure your workplace investigations are compliant, thorough, and protect your business from costly legal disputes.