One question we hear a lot, as a company providing third-party investigations, is a simple one: What is the benefit of hiring an outside investigator? Monica Tesler, Esq., Workplace Investigator and Legal Counsel for HR Solutions At Work, shares her perspective.

Workplace investigations are frequently handled effectively in house, but often there are good reasons to go to an outside, independent firm. For example, outsourcing an investigation can reduce actual or perceived bias and convey to employees that the workplace issues are taken seriously. If an investigation involves executives or board members, hiring an outside firm adds objectivity and impartiality to the process. 

When the company’s own lawyer does the investigation, they may become a fact witness. If litigation is likely, using an independent investigator can preserve the attorney-client privilege and add weight to the investigation itself. Additionally, the legal and human resources departments at a leanly staffed company might not always have the bandwidth to conduct a thorough investigation. 

Though I conducted workplace investigations for years before joining HR Solutions At Work, both in private practice and as in-house counsel, all of my investigation experience came through the lens of advocacy, and much of it came as an insider. As I close out my first year at HR Solutions At Work, I have a deeper understanding of the reasons to hire a neutral, outside investigator.

The Truth Is Out There

This may seem like an obvious point, but an outside investigator has a better ability to be objective in an investigation. My guess at the story — the truth, if you will — during an initial client intake meeting almost always turns out to be wrong, or at least not quite right. Before I commence an investigation, I make a point to step back and make sure I’m starting with a clean slate. As the facts unfold through employee interviews and the review of documents, that distance allows me to analyze the evidence with a neutral eye. 

This has illustrated to me the power and insidiousness of preconceived notions. Even without knowing the players involved, I can unconsciously craft a story in my head of what happened from a preliminary meeting — which I know better than to indulge. Imagine, then, the temptation to rely on those narratives when they feature coworkers with whom you have been working for years. You may not even recognize it as a temptation so much as take it for granted as a fact, even if it is not. This bias is hard to erase, despite best efforts. 

Hiring an outside investigator ensures a level of objectivity that is rarely achievable from an insider. You just can’t get the same view of a situation from directly in front of it as you can from a hundred yards away.

Sifting through the Sandbox

When you hire an outside investigator, one of the things you are investing in is judgment. Experienced investigators bring their judgment to bear when conducting employee interviews, reviewing documents, and deciding which facts should be considered in conducting an investigation within the engaged scope. A lot of things can be true without being relevant, and it takes an experienced eye to be able to discern between the two. An unnecessarily broad investigation can waste time and money and runs the risk of misdirecting the focus. 

An experienced third-party investigator brings a judicious eye to fact finding that may not be available through in-house resources or even an outside law firm. 

Let’s Go! Then Let Go

When I worked as an in-house counsel overseeing my company’s human resources department, managing the results of an investigation was one of the hardest parts of my job. I had to work with leadership to make decisions about terminating an employee and handle employee relations in the aftermath.  

As an outside investigator, I roll up my sleeves and hit the ground running when engaged to conduct an investigation, but once I have delivered the findings, my exit is just as fast. In other words, I am not in the picture for difficult conversations with employees after the conclusion of an investigation, which also means that I am unencumbered by the weight of potentially difficult business decisions, further enhancing the objectivity of my findings. 

Key Takeaways

So, to answer the original question: What are the benefits of hiring a third-party investigator? When you hire an outside investigator, what you’re getting is true objectivity from the hundred-yard line; years of experience leading to more-informed judgment calls; and an unencumbered third party who understands the stakes of an investigation without feeling the weight of those stakes personally.

Because every situation presents unique facts, the information provided in this article is for general information and is not intended to be legal advice regarding any specific situation. This information may be considered advertising in some states. Any links to third-party sites are for your convenience. HR Solutions At Work does not endorse specific sites or guarantee the accuracy of the information on those sites. Please contact us if you have any questions about this information or our services.