Workplace Investigations

FortneyScott provides experienced and legally compliant workplace investigations for employers. A prompt, thorough, fair, and independent investigation conducted by an experienced investigating attorney can help prevent lawsuits and greatly reduce, and in some cases eliminate, an employer’s liability and exposure to damages if a lawsuit is filed.

This is especially true with respect to claims of unlawful harassment based on sex, race or other protected EEO categories, and other workplace-related claims in which courts vigorously scrutinize the quality of the employer’s investigation in determining liability and damages. Additionally, we also have conducted investigations and advised employers that are responding to the growing numbers of #MeToo complaints and related matters.

We conduct impartial, proficient investigations conducted by objective attorneys. Since we do not represent the client in any litigation that may follow, the company is best able to maintain the attorney-client privilege with respect to our investigation. As a result, in-house and outside counsel generally are protected from being called as witnesses or being required to divulge otherwise privileged communications when the company presents its investigation and related factual matters in defense of any legal claim. 

Additionally, we counsel employers both on conducting workplace investigations as well as responding to investigations in implementing effective remedial actions.

Examples of workplace investigations include:

• Investigations of sensitive employment matters, including sexual, racial and religious harassment and retaliation charges involving executive personnel for corporations, trade associations, and law and other professional firms;
• Investigations for clients in regulated industries in which investigation findings may trigger federal, state or other reporting requirements; 
• Counseling clients with respect to the Sarbanes-Oxley Act of 2002, an act which provides a broad, federal cause of action against employers who discriminate, harass or retaliate against corporate whistleblowers; and
• Advising employers on appropriate responses and disciplinary actions, if any are warranted, based on the results of investigations.

Our attorneys are sought out by many employers from different industries, as well as federal agencies, to conduct a wide range of significant, and often, complex workplace investigations.