Squire Patton Boggs Shares 5 Workplace Investigation Lessons From Masterclass

1 articles · Updated · Employment Law Worldview · Jun 30

James Pike and Sarah Wilkinson outlined five takeaways from an International Employment Lawyer masterclass, with the first two focused on staffing investigations correctly and defining scope early.
The pair said employers should match investigators to the allegations, jurisdictions, power dynamics and likely publicity, and may use external counsel to signal seriousness, preserve independence or seek legal privilege.
Clear terms of reference were presented as essential to stop probes from expanding uncontrollably, setting out the facts to determine, witnesses to interview, documents to review and any limits from the outset.
Those plans should still remain flexible, they said, because new lines of inquiry can emerge and dead ends can be dropped if decision-making is documented and the scope is updated as the investigation develops.
A second installment is due to cover the remaining three lessons, beginning with the issue of legal privilege in workplace investigations.