Workplace Investigations in California
California’s employment laws mandate that employers conduct a “prompt, impartial, and thorough” investigation into employee complaints involving harassment, discrimination, or retaliation. These investigations are crucial in addressing allegations that may be unlawful or violate your company’s policies. Failure to conduct a proper investigation could expose your business to legal risks. Each type of complaint requires a unique approach, but all must be taken seriously.
EEOC Standards for Workplace Investigations
- Prompt: Investigations must be initiated and conducted promptly, as appropriate to the circumstances.
- Impartial: The investigator must be trained, experienced, and remain unbiased, avoiding any appearance of conflict or vested interest in the outcome.
- Thorough: The investigation should be meticulously planned, gathering and analyzing all relevant evidence, including credibility assessments, to reach a well-supported conclusion.
Why Licensing Matters for Workplace Investigations
The Legal Risks of Using Unlicensed Investigators
If an unlicensed person conducts a workplace investigation, the consequences can be severe:
- Legal Consequences: California law (Cal. B&P Code § 7523, et seq.) mandates that anyone conducting a workplace investigation without the proper licensing could face fines of up to $10,000, imprisonment for up to one year, or both.
- Invalid Investigations: Any investigation conducted by an unlicensed individual can be invalidated in the event of a grievance, civil service appeal, or civil lawsuit. This not only undermines the integrity of the investigation but also exposes the employer to potential criminal and civil liability.
- Disastrous Outcomes: Relying on an unlicensed investigator can lead to flawed findings, which may result in improper handling of employee complaints, escalating the issue further and damaging the organization’s reputation.
Why Choose California Labor Solutions?
At California Labor Solutions, we understand the gravity of these legal requirements. Our Principal Licensed Workplace Investigator, Shawn Larry, holds a California Private Investigator License (PI#26311), ensuring that all investigations conducted by him and his team are conducted legally, objectively, and with the highest level of professionalism. We safeguard your organization by delivering investigation reports that are legally sound and compliant with California law.
Workplace Investigation Frequently Asked Questions
Common questions California employers have about Workplace Investigations
- What is the purpose of conducting an impartial Employee Complaint Investigation?
- Who can perform workplace investigations?
- How can I know if an investigation must be conducted?
- How do I avoid a conflict of interest when conducting an internal investigation?
- I’ve decided to hire an External Investigator. Will interim actions be necessary during the investigation?
Meet Your Chief Investigator:
Shawn Larry
As CEO of California Labor Solutions, Shawn partners with clients to provide trusted, diplomatic guidance on their most crucial business decisions, offering a steady hand in navigating complex HR challenges.
Expertise
- EEO Compliance Investigator & Diversity Officer
- HR Director for multiple California Community Colleges
- Chief Labor Contract Negotiator
- HR Consultant and Investigator for a diverse array of non-profit and public sector organizations, including Community Colleges, Cities, and State/Federal Governmental Agencies, as well as private sector organizations of all sizes, from micro businesses to large enterprises with 20 to 5,000+ employees
- California-Licensed Investigator having performed hundreds of workplace investigations involving harassment, discrimination, retaliation, and other types of misconduct
- Grievance administration in unionized work environments, with experience in litigating full evidentiary administrative hearings on disciplinary appeals, discrimination/retaliation complaints, and collective bargaining agreement (labor contract) disputes
- Mediator of employee issues and complaints that may eliminate the need for a workplace investigation. The mediation may also be conducted after an investigation fact finding process is finished to ensure the parties can eliminate their conflict and agree on terms to work better together
Credentials
- J.D. from UOP-McGeorge Law School
- B.A. in Sociology from UC Santa Barbara
- California Private Investigator License (PI#26311)
- Certified Mediator specializing in complex workplace disputes
- HR Certifications earned including SPHR (Senior Professional in Human Resources) and IPMA-SCP (International Public Management Association for Human Resources – Senior Certified Professional)
With Shawn’s leadership and expertise, California Labor Solutions offers unparalleled HR and workplace investigation services, helping organizations across California manage their most challenging issues with confidence and integrity.
What to Expect from California Labor Solutions
We are one of the few HR firms in California licensed to conduct external workplace investigations, as only licensed attorneys, licensed private investigators, or internal HR professionals are permitted by law. Our principal investigator is a former EEO investigator, HR Director, and labor negotiator with over 20 years of experience, a law degree, and numerous HR certifications. This robust background ensures that our investigations are strategic, minimally disruptive to your operations, and result in comprehensive and reliable reports.
Our California-licensed investigators are dedicated to conducting objective and cost-effective external investigations. Based on our findings, we also provide strategic solutions to address any vulnerabilities that may have led to the issue in the first place.
Let’s Find Solutions for Your Workplace Investigations Challenges
Benefits of Working with California Labor Solutions
Personalized
Proficient
Partnership
Latest Articles and News about Workplace Investigations
Contact California Labor Solutions and get the best HR and Investigation Experts Company in California.
Reach out today and discover the benefits California Labor Solutions can bring to your company from day one.
We will get back to you within the hour during core business hours.
Call Now
Headquarters
28202 Cabot Rd #300, Laguna Niguel, CA, 92677
Mailing Address
PO Box 6425, Laguna Niguel, CA, 92607
Business Hours
Monday to Friday: 8:00 am to 4:00 pm
Our Social Media