Independent Investigator Hiring Checklist

Hiring the right outside independent workplace investigator is important, but it’s not always easy. If you hire the right investigator, you’ll have a timely, fair and thorough investigation and meet any legal obligations your organization might have. But hiring the wrong investigator could subject your company to potential legal liability and result in unnecessary disruption to the business.

To make matters more challenging, there are numerous individuals who purport to be workplace investigators with adequate skill, knowledge and experience, but in reality they do not possess those qualifications.

When evaluating workplace investigators, consider the following:

• Does the investigator meet any applicable licensing requirements, such as those under California Business & Professions Code §§ 7512 et. seq? Lawyers engaged in the practice of law and private investigators qualify (as do those working under their direction and supervision).
• Is the investigator experienced in conducting workplace investigations?
• Is the investigator knowledgeable and experienced in dealing with the subject matter of the investigation?
• Is the investigator knowledgeable about employment laws? (You will need to rely on the investigator to inform you of other potential employment law issues that might arise in the context of his or her investigation.)
• Is the investigator available to start – and complete – the investigation in a timely manner? If it is expected to be large or time intensive investigation, does the firm have sufficient resources to staff it?
• Is the investigator truly neutral? For example, does the investigator have a relationship with anyone involved in the investigation that could create a potential or actual conflict or undermine the perception of objectivity?
• Has the investigator been referred by someone you trust and respect (e.g., your attorney)? Does the investigator and his or her firm have a good reputation?
• Does the investigator have a calm and professional demeanor and give you a sense that he or she would create a comfortable interview environment for witnesses?
• Would the investigator make a good witness if called to testify at a deposition or trial during possible litigation? For example, does the investigator convey a sense of confidence, poise and objectivity?
• Do you trust that the investigator’s work product, e.g., the investigation report, would be of excellent quality in case you need to present it as evidence at a potential trial?
• Does the investigator have any industry-specific knowledge or experience that would be helpful and reduce the need to bring him or her up to speed?
• Has the investigator made any promises regarding the investigation, such as the likely outcome or total cost? These could be signs of investigator bias, incompetence or that the investigation will not be thorough, given that an investigator can never (and should never) predict the outcome or ultimate cost of an investigation at the outset of an engagement.

These are just a handful of things to consider when evaluating outside neutral investigators.