Pleasanton Workplace Investigations Lawyers Help Companies Find the Truth
Experienced California attorneys provide detailed reviews of employee-related claims
The best-run businesses make it a habit to address potential workplace problems promptly and effectively. If you are concerned about an issue relating to sexual harassment, a discrimination allegation, employee misconduct or some other matter, initiating an investigation can help you determine what actually occurred. Garcia & Gurney A Law Corporation in Pleasanton conducts thorough investigations for businesses throughout Alameda and Contra Costa counties. Our highly skilled lawyers understand the importance of these inquiries and assist with steps to minimize employee issues that threaten to disrupt your operations and trigger legal liability.
Why you should rely on a trustworthy third party for your workplace investigations
If you are concerned about an employee problem within your organization, such as an allegation of sexual harassment or workplace discrimination, you want a quick, discreet and complete report of what happened. Employers, and even the attorneys they use for other legal matters, are often not in the best position to conduct an internal investigation. Getting accurate information can be extremely difficult if workers are worried about speaking honestly because the investigator has a stake in the result. By bringing in an independent law firm comprised of seasoned attorneys and investigators, your company can proceed with confidence. Our team looks at the situation with fresh eyes and follows the facts wherever they lead us, so you get an objective, well-supported report.
When companies engage our firm at the first sign of trouble, we can often secure a favorable resolution while avoiding litigation. Our firm represents the highest professional standards, and proceeds with keen awareness of pertinent laws and every individual’s constitutional, civil and privacy rights. Moreover, because we are employment law attorneys, our workplace investigations are bound and protected by attorney/client privilege and work product doctrine. Law firms also rely on us for comprehensive training in internal investigations.
Common causes of workplace investigations
There are countless specific situations that can trigger the need for a workplace investigation. In Pleasanton, Fremont and throughout the Bay Area, our firm reviews cases involving issues such as:
- Disruptive employees
- Employee substance abuse
- Discrimination charges
- Sexual harassment
- Threats of violence
- Vandalism and sabotage
- Violations of work rules
- Safety problems
- Workplace theft
Regardless of the particular concern, the investigator you hire to help you must also have substantial knowledge of applicable state and federal laws. In addition, your investigator must perform a thorough, yet timely, objective investigation. As employment lawyers and workplace investigators, we are skilled in gathering the evidence and data needed to unearth the truth about a potential employee problem.
Federal and state laws that require you to perform an investigation
Depending on the issue your business is facing, you may be legally required to launch an investigation. Failing to do so when one of your employees has notified you about a problem that demands further review could result in serious consequences in claims involving:
- Job discrimination — If an employee files a discrimination complaint, they are protected under the federal Civil Rights Act of 1964 and California’s Fair Employment and Housing Act.
- Health and safety violations — The Occupational Safety and Health Administration (OSHA), California Department of Industrial Relations (DIR) and Division of Occupational Safety and Health (DOSH) require California employers to provide a safe workplace for employees. If you are informed about a safety issue, you have a responsibility to conduct an investigation.
- Drugs in the workplace — Employers are expected to comply with the rules and regulations of the Federal Drug-Free Workplace Act of 1988, Department of Transportation drug testing and California’s Drug-Free Workplace Act of 1990.
- Background and credit checks — State law prohibits employers, with the exception of certain financial institutions, from obtaining employee credit reports. However, there are exceptions to that rule, including job positions involving large amounts of cash or those involving access to trade secrets.
Don’t risk mistakes that could make a small problem much worse. You can count us for insight that will minimize your potential for legal exposure.
Attorneys lead reviews relating to possible fraud, theft and reputational harm
Without warning, an unscrupulous worker could cause a substantial financial loss. Employee flexibility and the instantaneous sharing of information online demand strict attention to malfeasance such as:
- Theft, embezzlement and fraud — Whether a concern exists about a padded expense report, a falsified time card, misappropriated intellectual property or some other theft-related matter, we have the skill and determination to protect your assets and reputation.
- Conflicts of interest — Workers who have a side gig or personal endeavor that possibly relates to their position might be favoring their interests over those of their employer. If you’re suspicious about a possible conflict, our attorneys can assess if there has been an ethical breach.
- Bias and harassment — Even a strong workplace culture and sound anti-discrimination policies cannot stop every incidence of on-the-job misconduct. We are determined to get to the bottom of bias and harassment claims as soon as possible.
- Defamation — A company’s good reputation that took years to build could be destroyed by meritless false statements. When your business is threatened by defamation, our firm takes decisive action to identify the culprits and hold them accountable.
In every inquiry that we take on, we are committed to achieving our clients’ objectives so that they can take appropriate action and move forward.
Contact our employment law attorneys for an internal investigation consultation
Garcia & Gurney A Law Corporation conducts thorough workplace investigations on behalf of California. For dedicated help with a labor and employment issue or other business law matter in and around Alameda and Contra Costa counties, please call 925-468-0400 or contact us online.