When to Consider an Outside Attorney Investigator

There are situations where it’s wise to bring in an external attorney to conduct a workplace investigation. This approach is especially useful when maintaining neutrality and legal rigor is essential. Here are some common scenarios:

  • Serious Allegations: When the complaint involves severe or sensitive matters like harassment, discrimination, retaliation, whistleblowing, theft, violence, or illegal activities.
  • Leadership Involvement: If the accusations are against top executives or high-ranking employees (like the CEO or a vice president), an unbiased external perspective is crucial.
  • Multiple Complainants: When several employees report the same issue, such as inappropriate behavior from a particular manager.
  • Complex Legal Exposure: If the complaint could result in significant financial loss or legal risk, using an experienced outside attorney can help mitigate potential damage.
  • Challenged Policies: When the complaint questions company policies or practices as unfair or discriminatory toward a protected group, like age, race, or gender.
  • External Legal Action: If the complaining party has already taken legal steps (like hiring a lawyer, filing a lawsuit, or lodging a government complaint), a thorough and impartial investigation is necessary.
  • Expertise or Capacity Limitations: When internal HR lacks the specialized knowledge to address the issue or is too stretched to complete a prompt investigation.
  • Impartiality Issues: If there is a risk that internal investigators may be seen as biased or unqualified, bringing in an outside professional protects the credibility of the process.

Engaging an outside attorney investigator ensures a thorough, impartial, and legally sound investigation, particularly when the stakes are high, or neutrality is paramount.

“Honesty is the first chapter in the book of wisdom.”

— Thomas Jefferson