Question 1

When must an employer conduct a workplace investigation?

Accepted Answer

Employers have a legal obligation to promptly investigate complaints of harassment, discrimination, and retaliation. Under Title VII and Utah law, an employer's affirmative defense to a harassment claim requires showing that it exercised reasonable care to prevent and promptly correct harassing behavior — which means conducting a prompt, thorough, and impartial investigation. Failure to investigate can eliminate this defense and significantly increase the employer's liability.

Question 2

Who should conduct a workplace investigation?

Accepted Answer

The investigator should be someone who is impartial, has no stake in the outcome, and has the training and experience to conduct a thorough investigation. For serious complaints — particularly those involving senior employees, potential legal violations, or significant liability exposure — an outside attorney-investigator provides the independence, legal expertise, and attorney-client privilege protection that internal investigators cannot.

Question 3

What is attorney-client privilege in a workplace investigation?

Accepted Answer

When an attorney conducts a workplace investigation, the investigation may be protected by attorney-client privilege — meaning the investigation report and communications with counsel may be shielded from disclosure in subsequent litigation. This protection is not automatic and depends on how the investigation is structured. We advise employers on how to structure investigations to maximize privilege protection.

Question 4

What should a workplace investigation include?

Accepted Answer

A thorough workplace investigation should include: a review of the complaint and relevant documents; interviews of the complainant, the accused, and all relevant witnesses; a review of the employer's policies and prior disciplinary history; a credibility assessment; factual findings; and a written report documenting the process and conclusions. The investigation should be completed promptly — typically within 30 to 60 days of the complaint.

Question 5

What happens after a workplace investigation is complete?

Accepted Answer

After the investigation is complete, the employer must decide what remedial action, if any, is appropriate. If the investigation substantiates the complaint, the employer should take prompt corrective action — which may include discipline, termination, policy changes, training, or monitoring. The employer should also communicate the outcome to the complainant (without disclosing confidential information) and document all remedial steps taken.

Question 6

Can an employee be fired during a workplace investigation?

Accepted Answer

Terminating an employee during an investigation — particularly the complainant — creates significant legal risk. Terminating the complainant during or shortly after an investigation can look like retaliation, even if the termination is for unrelated reasons. We advise employers on how to manage employment decisions during investigations to minimize retaliation exposure.

Question 7

What if the investigation finds no wrongdoing?

Accepted Answer

An investigation that finds no wrongdoing is still valuable — it documents that the employer took the complaint seriously, conducted a thorough investigation, and reached a reasoned conclusion. Even when no wrongdoing is found, the investigation may reveal policy gaps, training needs, or management issues that should be addressed. We advise employers on how to communicate investigation outcomes and implement appropriate follow-up measures.

Question 8

Can an employee challenge the outcome of a workplace investigation?

Accepted Answer

Employees who believe an investigation was conducted unfairly, in bad faith, or in retaliation for their complaint may have legal claims. If you are an employee who filed a complaint and believe the investigation was inadequate or retaliatory, or if you were the subject of an investigation and believe the process was unfair, we can evaluate your legal options.

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Utah Workplace Investigation Attorneys

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