Episode 17: The Akerman Angle Employment Law Series: When Should Employers Bring in a Third-Party Investigator?
In Episode 17 of the Akerman Angle Employment Law Series, Jeff Kimmel and Damien DeLaney, Co-Chairs of Akerman’s Wage and Hour Practice, discuss how the decision of who investigates a workplace complaint can shape the outcome of the entire matter — from how evidence is preserved to whether findings hold up in litigation. They explore when internal HR teams are well-positioned to handle a complaint and when it may be prudent to engage a neutral third-party investigator. The conversation covers the practical risks of internal investigations (perceived bias, inexperience, retaliation exposure, and conflicts of interest), the “who, what, when” framework for deciding when independence is critical, and the mechanics of doing it right — retaining investigators through outside counsel to preserve privilege, vetting investigator qualifications, setting confidentiality and non-retaliation expectations with witnesses, structuring the written report, and coordinating with EPLI carriers on cost and notice requirements.
