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Workplace Investigations

Workplace Investigations

When a complaint lands on your desk, your investigation carries your defense. We conduct video-documented, third-party investigations built to withstand scrutiny from the EEOC, opposing counsel, and the court.

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Why Investigations Matter

The investigation file is what your defense stands on

When the EEOC, opposing counsel, or a jury reviews your complaint history, they look at one thing: how you investigated. A weak investigation can be the difference between dismissal and a seven-figure settlement.

318 days
Average life of an employment claim, start to resolution (2017 claims study)
Each day extends your liability window.
Source: Hiscox, 2017 Guide to Employee Lawsuits
$175K – $250K
What defense counsel estimate it costs to take one employment case through trial
Even if you win, you pay.
Source: Employment defense counsel estimates, Workforce.com
96.5%
Of resolved EEOC lawsuits in FY2025 ended in a settlement or judgment in the workers' favor
An undocumented investigation is no defense at all.
Source: EEOC Office of General Counsel, FY2025 report
What You Get

Built for scrutiny from day one

Every element of our process is engineered to support the Faragher/Ellerth Affirmative Defense, the Supreme Court framework that can defeat vicarious liability for supervisor harassment when its conditions are met.

Video-Documented Statements

Every interview is captured on video with witness consent. The record is preserved exactly, no he-said-she-said about what was actually said.

True Third-Party Neutrality

Employees report to us, not to the people they work with. We have no organizational allegiance, no internal politics, and no incentive to bury anything.

Faragher/Ellerth-Compliant Methodology

Our investigation playbook is built directly on the Supreme Court framework the Affirmative Defense comes from. The documentation is structured to evidence the prompt, reasonable correction the defense's first element turns on.

Decision-Ready Reporting

You receive a written report with findings, evidence summary, and recommended actions, formatted for legal counsel and ready for EEOC, court, or board review.

Our Process

From complaint to documented defense in 7-10 business days

A clear, repeatable workflow your legal counsel can rely on. Every step is designed to produce evidence built for cross-examination.

  1. 1

    Intake & Scope

    Within 24 hours of your call we map the allegation, identify witnesses, secure relevant evidence, and define the investigation's scope in writing.

  2. 2

    Witness Interviews

    Video-recorded interviews, taken with consent, with the complainant, the accused, and all material witnesses. Statements are captured before any internal coaching or coordination.

  3. 3

    Evidence Review

    Documents, communications, and physical evidence are catalogued, timestamped, and tied to specific findings. Chain of custody is preserved.

  4. 4

    Findings & Recommendations

    You receive a written report with factual findings, credibility assessment, and recommended corrective actions, typically within 7-10 business days.

FAQ

Common questions

How is a third-party investigation different from one our HR team conducts?
Internal investigations have inherent credibility problems in court: your HR team reports to leadership, has relationships with the parties, and may have institutional bias to protect the organization. A third-party investigation removes those concerns. Federal courts have repeatedly cited the use of an outside investigator as evidence of an employer acting in good faith under the Faragher/Ellerth framework.
What happens if the investigation finds the complaint is unfounded?
We deliver findings based on the evidence, full stop, whether they support the complainant or the accused. An unfounded complaint, properly documented, is itself part of your Affirmative Defense. It demonstrates that you took the report seriously and conducted a thorough, neutral investigation. Many of the EEOC charges we have helped clients defeat were originally rooted in unfounded internal complaints.
How fast can you start?
Same-business-day acknowledgment, intake call within 24 hours, and on-site or remote interviews scheduled within 3 business days for routine matters. Urgent matters (active threat, time-sensitive evidence) can move faster. Call our hotline directly.
Will the investigation be admissible if we're sued?
Admissibility is decided by the court under the rules of evidence, so no vendor can promise it. What we control is everything that determines how the file performs: contemporaneous documentation, recorded statements taken with consent before coaching, a consistent chain of custody, and a report format your counsel can put to work. Our files are built to those standards, and your counsel makes the admissibility calls in the forum you end up in.
What does an investigation cost?
Investigations are scoped per matter based on the number of witnesses, complexity of evidence, and timeline. A typical single-complaint investigation runs $7,500–$15,000, far less than the $160,000 average cost to defend and settle an employment charge, and well below the roughly $200,000 median judgment when a case reaches trial (Hiscox claims studies, 2015-2017).

Don't let the investigation be the weak link.

Most employment lawsuits are won or lost on the quality of the original investigation. Talk to us before your next complaint lands.

Talk to a Compliance Expert Call 866.240.6618