Protecting Rights & Ensuring Fair Practices
At Simmons Wagner, LLP, we understand that workplace investigations can have far-reaching consequences—for employees, employers, and the overall organizational culture. Whether you’re an employer tasked with conducting a fair internal review, or an employee who believes your rights have been violated, our firm, based in Irvine and serving clients throughout Orange County and across California, is dedicated to guiding you through this complex process. If you require legal assistance regarding workplace investigations, call (949) 439-5857 for a confidential consultation.
What Are Workplace Investigations?
A workplace investigation is a formal inquiry conducted to address allegations of misconduct, harassment, discrimination, safety violations, or any other behavior that may violate company policies or the law. Under California law, employers have a responsibility to promptly and thoroughly examine complaints and take corrective action if needed. Common triggers for workplace investigations include:
Discrimination or Harassment
- Allegations based on race, gender, sexual orientation, religion, or other protected classes.
Sexual Harassment
- Claims of unwelcome advances, inappropriate comments, or a hostile work environment.
Wage & Hour Violations
- Disputes regarding unpaid overtime, misclassification of employees, or denial of proper breaks.
Workplace Violence or Threats
- Reports of intimidation, bullying, or physical harm.
Retaliation
- Complaints that an employer took adverse actions against an employee for whistleblowing or raising legal concerns.
Workplace investigations aim to uncover the facts, ensure compliance with state and federal laws, and resolve issues while maintaining fairness and confidentiality.
Potential Consequences of Inadequate or Unfair Investigations
Legal Liability & Litigation
- Employers who fail to investigate or handle claims properly may face lawsuits, hefty fines, or judgments for wrongful termination, harassment, or discrimination.
Reputational Damage
- Mishandled inquiries can tarnish an organization’s public image, damaging employee morale and deterring future talent from joining.
Financial Costs
- Extended legal battles, settlements, or government penalties can burden businesses with significant expenses.
Employee Turnover & Low Morale
- Employees who feel their concerns are ignored or inadequately addressed may resign or perform poorly, resulting in lost productivity.
Personal Impacts
- Individuals subject to unfair investigations could face wrongful termination, a tarnished professional record, or ongoing emotional stress.
Our Approach
Thorough Case Review & Analysis
We begin by examining the nature of the complaint, relevant documentation (emails, personnel files, etc.), and any relevant company policies. Our team clarifies the scope of the investigation and ensures proper protocols are in place.
Ensuring Compliance with State & Federal Laws
California has robust employee protections and legal requirements for investigations, especially regarding harassment or discrimination. We help employers create and implement compliant investigation procedures, and assist employees in verifying that their rights are respected.
Neutral & Confidential Fact-Finding
We may assist in conducting or overseeing interviews with witnesses, collecting evidence, and maintaining confidentiality to the greatest extent possible. Our goal is to ensure all parties are heard and procedural fairness is upheld.
Advising on Findings & Corrective Actions
Once the investigation concludes, we offer guidance on appropriate remedial steps—ranging from disciplinary measures to policy revisions. We also provide insight into conflict resolution or mediation when warranted.
Representation & Defense
Employers: We defend businesses if allegations result in legal claims, ensuring that any investigation and its outcomes can withstand scrutiny.
Employees: We advocate for individuals facing wrongful accusations or who believe their employer conducted a biased or incomplete inquiry.
Why Choose Simmons Wagner, LLP in Irvine, CA, for Workplace Investigations?
- Employment Law Expertise
Our attorneys have in-depth knowledge of California’s complex labor laws and extensive experience addressing workplace disputes—harassment, retaliation, wage issues, and more. - Fair & Transparent Process
We prioritize impartiality and thoroughness, ensuring that any investigation adheres to best practices and minimizes legal risks. - Client-Centered Communication
Whether you’re an employer or employee, we maintain open channels of communication—explaining legal developments, providing clear recommendations, and advocating for your goals at every step. - Local Roots, Broad Capabilities
Based in Irvine, we serve clients throughout Orange County and across California. Our familiarity with local business communities and state regulations allows us to tailor solutions effectively. - Proactive, Preventative Strategies
In addition to addressing active disputes, we help employers adopt policies and training programs to prevent future litigation and maintain a positive work environment.
Contact Us
A properly handled workplace investigation can prevent costly legal battles, protect employee rights, and preserve a positive workplace culture. If you need guidance regarding an ongoing inquiry or believe your investigation was mishandled, Simmons Wagner, LLP is here to assist. Call (949) 439-5857 for a free, confidential consultation. Let our dedicated legal team provide the expertise you need to navigate California’s complex employment laws and safeguard your interests.