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California employment law

Workplace investigation

What does “workplace investigation” mean?

A workplace investigation is a structured inquiry into a complaint, gathering evidence and reaching findings on what occurred, so the employer can decide what to do with a defensible record.

Its adequacy is judged on process: whether the scope was defined, whether the relevant people were interviewed, whether the respondent had a fair opportunity to answer, and whether findings follow the evidence.

Independence is a separate question from competence. An internal investigator can do careful work and still be vulnerable to the argument that they reported to the wrong person.

Why it matters to an employer

Decide who will investigate before you need one. Choosing under time pressure is how the credibility problem gets created.

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