As expressed in the Guiding Principles of the Association of Workplace Investigators, “[a]n impartial investigation is generally conducted so that an employer can determine what occurred when there are contested allegations affecting the workplace that involve a potential violation of the employer’s policies, standards, ethics, or the law. The point of an impartial investigation is to provide a fair and impartial process for the complainant and respondent and to reach reasoned findings based on the information gathered.”

Bill Litt’s extensive litigation experience, including jury trials and appeals, informs every step of his workplace investigations. He knows what it takes to conduct a thorough and impartial investigation, and can anticipate the ways in which the investigation and resulting report may be challenged by the employee’s attorney or a government agency such as the Equal Employment Opportunity Commission (EEOC) or California Civil Rights Department (CRD). Having litigated employment and civil rights cases on behalf of both plaintiffs and defendants, Bill can anticipate how attorneys may use investigation reports and the notes and recordings used to prepare them, and how each side, respectively, may attempt to bolster or undermine the validity of an investigation. Moreover, Bill not only is conversant with the due process rights of public employees and law enforcement officers, but he has substantial first-hand experience with how such rights impact employment investigations and potential litigation.

At every stage of an investigation, neutrality is essential. If litigation ensues, counsel for the complainant or respondent may challenge the investigator’s objectivity and competence. The same attorney who investigates alleged workplace misconduct should not act as an advocate for the employer that retained the attorney-investigator. At the same time, the investigating attorney should have a thorough understanding of employment law and how litigators approach employment litigation. When retained as an investigator, Bill’s goals are to determine precisely what occurred, and accurately and objectively convey that information to the employer or its counsel. This will allow the employer to anticipate what to expect should litigation or administrative action occur, and to take appropriate corrective action as quickly as possible.