When a workplace investigation concludes with findings that seem unjust or biased, it can feel like all options are exhausted. However, employees have legal avenues available to challenge these outcomes. At Simmons & Wagner, our experience as former Orange County Senior District Attorneys equips us with a deep understanding of the legal intricacies involved in such matters.
Let’s go through this comprehensive guide for employees on how to contest the findings of a workplace investigation legally and effectively.
Understanding Your Rights and the Investigation Process
First and foremost, understanding your rights during and after a workplace investigation is crucial. Employees should be informed about the process, including how evidence is collected, how interviews are conducted, and how conclusions are drawn. Familiarizing yourself with the company’s policies and the legal standards that the investigation should adhere to can provide a solid foundation for your challenge.
How Simmons & Wagner Can Assist
At Simmons & Wagner, we understand the complexities and nuances of workplace investigations and the profound impact they can have on an employee’s career and well-being. Our team, with over 56 years of combined experience as former Orange County District Attorneys, is uniquely equipped to handle these sensitive matters. Here’s how we can assist:
- Expert Legal Representation: We provide expert legal representation throughout the appeal process, ensuring that your side of the story is heard and adequately represented.
- Strategic Advice and Guidance: Our deep knowledge of both prosecution and defense tactics allows us to offer strategic advice that helps navigate the complexities of challenging investigation outcomes.
- Negotiations and Settlements: We are skilled negotiators who can engage with your employer on your behalf to seek a fair settlement or resolution outside of court, saving you time and stress.
- Litigation Support: If your case goes to litigation, our seasoned trial lawyers are prepared to fight vigorously for your rights in court. We understand what it takes to win and are committed to achieving the best possible outcome for you.
- Compliance and Prevention Advice: Beyond individual cases, we can assist companies in developing or improving their investigative processes to ensure compliance with employment laws and prevent future legal disputes.
Our goal is to protect your professional interests and ensure that justice is served. If you’re facing challenges with the outcome of a workplace investigation, let Simmons & Wagner bring their expertise to your corner.
Steps to Challenge the Investigation Outcome
- Review the Investigation Report Thoroughly: Obtain a copy of the investigation report and review it carefully. Look for inconsistencies, biases in the findings, and whether all relevant evidence was considered. It’s important to understand the basis of the conclusions drawn by the investigators.
- Seek Legal Counsel: Before taking any steps, consult with an attorney who specializes in employment law. A legal expert can offer valuable insights into your case’s strengths and weaknesses and provide guidance on the best course of action.
- Gather Additional Evidence: If possible, gather evidence that may have been overlooked or ignored during the initial investigation. This could include emails, recordings, witness statements, or any other documents that support your position.
- File a Formal Appeal: Many companies have a formal process for appealing the results of a workplace investigation. Use this channel to present your case, including any new evidence or discrepancies you’ve found in the report.
- Consider External Bodies: If internal appeals don’t resolve the issue, consider taking your challenge to external bodies. This might include filing a complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s labor board, especially if you believe the investigation’s outcome involves discrimination or retaliation.
- Mediation and Arbitration: Sometimes, mediation or arbitration can be effective alternatives to formal legal proceedings. These options can be less adversarial and help reach a fair resolution.
- Prepare for Litigation: If all else fails, litigation might be the next step. Your attorney can help you prepare for this process, ensuring that your case is as strong as possible.
Reach Out for Expert Help
Challenging the outcome of a workplace investigation requires a strategic approach backed by strong legal expertise. At Simmons & Wagner, we leverage our extensive experience as former Irvine and Orange County District Attorneys to ensure our clients’ rights are protected throughout this challenging process.
If you believe the findings of a workplace investigation are unjust, don’t hesitate to reach out. Contact us today to discuss your case and explore your options for a fair resolution.