Managing Outside Investigators – Best Practices for Employers

ChristianChan | Shutterstock

Jackson Lewis – These tips help protect the privilege that applies to an outside investigation, and help ensure the integrity of the process.

When workplace misconduct, whistleblowing or harassment is at issue, employers commonly turn to outside investigators to help ensure an unbiased investigation that will withstand challenge in future litigation. Engaging an investigator who is an attorney helps ensure that the investigation file and report will be protected by attorney client privilege. Employers may later decide to waive that privilege and produce the report, which can give rise to mandatory disclosure of the investigator’s entire file and, potentially, testimony by the investigator.