Investigations

When an employee makes a workplace complaint of any kind, a thorough investigation is imperative to avert or prepare for a potential lawsuit.  Read Diana's seven tips for an effective investigation published on the Northern California Human Resource Assocation website.

Commonly investigated complaints range from sexual harassment and discrimination to complaints of a "hostile work environment" which may result from personality conflicts and are not otherwise actionable. If investigated, these complaints and conflicts can actually protect the company and often assist in resolving conflicts among employees and improving the workplace environment and productivity.

There are important advantages to hiring an attorney to conduct the investigation, rather than handling it internally through a Human Resources department. These advantages are evident when considering the following factors:

  1. A license is required.
    The California Business and Professions Code requires investigators be licensed attorneys or licensed investigators. Often business do not know whether an HR consultant conducting investigation is in fact licensed as required, making it difficult to subsequently defend the investigation.
  2. Experience matters.
    Attorneys like Diana Maier, with experience and expertise in employment law, understand what information is relevant to the complaint. This radically decreases the time and cost required to conduct the investigation, as well as ensures quality and effectiveness in the process. When facing a potential lawsuit, these factors become critical.
  3. Improvements for the future can be made.
    Experienced external counsel can uproot conflicts or issues that would otherwise continue to impact workplace effectiveness, as well as provide counsel for improved future practices.

Diana's extensive litigation experience, ability to ask insightful and open-ended questions, and kind demeanor make her an expert at inviting a witness to freely and extensively describe her/his version of events. She is an excellent facilitator of open communication and resolution.