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Overview of Investigations and Litigation: Federal

Author: Michael C. Jacobson, XpertHR Legal Editor


  • Internal investigations are one of the employer's best tools to address claims of misconduct in the workplace and to shield the employer from liability. See Internal Investigations.
  • Simply conducting an investigation will not always be effective. The employer must take steps to choose the right investigator and to utilize the right investigative techniques. See Investigative Techniques.
  • Employers are well-advised to properly document their internal investigations and to act appropriately based on their findings. See Results of the Investigation.
  • When employers are made aware of more severe misconduct in the workplace like criminal activity or widespread issues, they may require the assistance of outside investigators. See External Investigations.
  • Some employers have the benefit of employing in-house counsel and may choose to have that individual oversee investigations. See Investigations by an Attorney.
  • Some employment disputes may escalate beyond workplace constraints and thus, require the assistance of an impartial mediator to resolve disputes. See Mediation.
  • To prevent time-consuming and costly litigation, employers may benefit from utilizing arbitration agreements so that employees may be compelled to arbitrate their disputes rather than pursue litigation. See Arbitration.
  • When internal practices and alternative dispute resolution tactics are unsuccessful, employers may be faced with litigation. See Litigation.