Investigations, Alternate Dispute Resolution and Litigation Overview

Summary

• 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.