Blog: Internal Investigations

Internal Investigations:
Evidence Collection And Storage4/4/2026

Physical and documentary evidence during a workplace or internal investigation must be retained in the same state as when received, and physical evidence needs to have a “chain of custody“ established. Chain of custody refers to the documentation of the collection, custody, control, transfer, analysis, and disposition of evidence. Documentation for evidence must include:

The conditions

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Internal Investigations:
Handling Allegations Of Harassment Or Discrimination By Poorly-Performing Employees3/29/2026

A common trend among poor performing employees is to suddenly raise allegations of harassment or discrimination by lodging complaints with the HR department - at precisely the time he/she is being held accountable for poor performance or behavior. Nevertheless, it is important to bear in mind that even though an employee's complaint may not have any merit, the complaint must still be investigated. Also, if the employee should suffer adverse treatment after having made a complaint, the ...

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Internal Investigations:
Workplace Investigations: What Is Retaliation?3/26/2026

A “retaliation“ claim generally can be defined as illegal conduct or action that harasses, demotes, terminates an employee, or takes other action affecting employment such as threats, unjustified negative evaluations, unjustified negative references, increased surveillance, or any other action such as an assault or unfounded civil or criminal charges that are likely to deter reasonable people from pursuing their rights.

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Internal Investigations:
Record Retention Guidelines3/20/2026

Investigative files should be kept separate from the personnel files. Since it is not a personnel file, the investigative records are not included in regular HR related document destruction schedules. These files should also not be made available for employee review. Investigative records may be kept in legal counsel's office or, if that is impracticable, within HR in a separate file cabinet with key access strictly restricted. Generally, not all HR people will have a need to see ...

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Internal Investigations:
Workplace Investigations - When To Leverage Law Enforcement Agencies3/19/2026

In situations where the employer believes a criminal act has occurred, engaging the police immediately is critical. In engaging the police, it allows the company to leverage local law enforcement to investigate the case by obtaining a police report. The police report provides the company with an official document that states what the facts of the case are and/or the incident that actually occurred. Additionally, the police report “opens up a case“ for law enforcement and gives ...

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Internal Investigations:
Documenting The Statement Of Complaint3/11/2026

As part of the organizational complaint procedures for a Internal Investigations, it is also a good best practice to develop a Statement of Complaint document.

A good Statement of Complaint document will ask for important information to clarify a complaint and to identify the level of significance. This will help employers identify the true nature - and the seriousness - of the ...

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Internal Investigations:
Common Areas Of Workplace Complaints And Investigations3/6/2026

Investigations in workplaces are triggered by a complaint, allegation, a suspicion of misconduct, or any number of other reasons. Some of the more common types of Workplace Investigations include:

Harassment
Discrimination
Safety
Theft, fraud, or misappropriation of resources
Misconduct
Regulatory agency inquiry

Harassment ...

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Internal Investigations:
What Is Retaliatory Conduct2/27/2026

"Retaliatory Conduct" generally can be defined as actions against an employee, such as termination, demotion, or loss of pay. However, a significant number of courts have found that any action that "materially affects the terms, conditions, or privileges of employment" can be an adverse employment action. Exactly what constitutes retaliatory conduct within the context of an investigation is still ...

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Internal Investigations:
FMLA Abuse, Retaliation Claims, and HR’s Legal Responsibilities2/22/2026

The Family and Medical Leave Act (FMLA) is a cornerstone of employee rights, providing critical job-protected leave for personal and family health crises. For HR professionals, administering FMLA is a masterclass in balancing empathy with compliance. However, two significant challenges can turn this balancing act into a high-wire routine: suspected FMLA abuse and the ever-present risk of retaliation claims. Navigating these issues requires more than just a basic understanding of the law; it ...

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Internal Investigations:
Workplace Investigations 101: What HR Needs to Get Right Every Time2/22/2026

An employee comes to your office and closes the door. They proceed to share a deeply troubling account of harassment by a coworker. In that moment, your organization arrives at a critical juncture. The actions you take next will not only determine the outcome of this specific situation but will also send a powerful message about the company's values, its commitment to employee safety, and its legal fortitude. This is the moment a workplace investigation begins, and for an

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Internal Investigations:
How To Conduct An HR Investigation9/9/2025

A Quick And Simple Guide On How To Conduct An HR Investigation

If you are an HR professional, there's a good chance you are responsible for conducting employee relations investigations at some point in your career. Investigations can be complex and tricky, but with the right approach, they don't have to be overwhelming. In this guide, we will walk you through the basics of how to conduct a workplace ...

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