When an employee steps forward with a harassment claim, how your company responds isn’t just a matter of internal policy—it’s a legal obligation. In California, failing to address workplace harassment properly can lead to costly lawsuits, reputational damage, and penalties from regulatory agencies. That’s why bringing in a professional workplace investigator isn’t just a best practice—it’s often essential.
At Simmons Wagner, LLP, we understand how high the stakes can be for employers facing allegations of harassment, discrimination, or retaliation. Here’s what California businesses need to know about responding to these claims the right way—and why a neutral third-party investigation can protect your company from long-term consequences.
California Law Requires Prompt and Thorough Investigations
Under California’s Fair Employment and Housing Act (FEHA), employers are legally required to investigate complaints of workplace harassment, even if the complaint is informal or made verbally. Failure to act promptly or thoroughly could expose your company to liability—not just for the original misconduct, but for allowing a hostile work environment to continue unchecked.
In practical terms, this means:
- You cannot ignore or downplay allegations, no matter how minor they seem.
- You must take action quickly, even if the accused is a high-level employee or long-time team member.
- You need an impartial, well-documented process to demonstrate legal compliance.
The Risks of Handling an Investigation Internally
Many businesses are tempted to handle investigations in-house—either through HR or a company attorney. But this can quickly backfire. Internal investigators often face:
- Perceived or actual conflicts of interest
- Lack of investigative training
- Bias toward company leadership
- Inadequate documentation of findings
These issues can compromise the credibility of your investigation and open the door to claims of retaliation or cover-ups. In contrast, an external workplace investigator offers neutrality, legal knowledge, and investigative experience that can withstand legal scrutiny.
What a Professional Workplace Investigation Involves
When you hire a qualified workplace investigator from Simmons Wagner, LLP, you’re getting more than just a report—you’re getting a clear, legally sound process designed to protect both the employee and the employer.
A typical investigation may include:
- Private, confidential interviews with complainants, respondents, and witnesses
- Review of emails, texts, personnel files, and relevant documents
- Evaluation of company policies and how they relate to the incident
- Objective fact-finding to determine what occurred, without drawing legal conclusions
- A written report outlining findings and recommendations for next steps
This report becomes a vital part of your company’s record and can be used to demonstrate that you responded appropriately and took the claim seriously.
Why Simmons Wagner, LLP Is the Right Choice for Employers
At Simmons Wagner, LLP, our investigators are also employment law attorneys with deep experience in California workplace regulations. We understand the delicate balance between protecting your company and treating employees fairly. Our services help you:
- Comply with state and federal employment laws
- Prevent retaliation claims through a neutral process
- Limit disruption to business operations
- Demonstrate integrity to your employees and the public
Whether you’re managing a small business or a large organization, we’ll tailor the investigation to your needs—always with discretion, professionalism, and legal precision.
Don’t Wait for a Lawsuit to Take Action
If someone in your organization has come forward with a claim of harassment, don’t delay. Contact (949) 439-5857 today to schedule a consultation with Simmons Wagner, LLP. Our skilled workplace investigators are here to help you respond swiftly, lawfully, and fairly—protecting your people and your business every step of the way.