How often do you all conduct internal workplace investigations yourselves (as opposed to hiring an outside internal investigator)? Assuming you’re doing so under privilege? But if so, are you both the fact-finder in the investigation and then counsel on whether the findings likely constitute/or don’t constitute harassment or retaliation, for example? And if so, how do you keep from becoming a witness if litigation later ensues and/or you waive privilege to use the investigation in the litigation

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HR conducts investigations, I advise HR, HR will be the witness.

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For run of the mill investigations, HR or compliance handles and legal advises on the types of questions you raise. Outside investigators usually get brought in for high level or sensitive investigations

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Outside counsel. They either conduct them or have recommendations if they dont want be to be conflicted out of future litigation.

Yeah what C1 said. Like you indicated, things get messy when the attorney does the investigating. Don’t do it.

What about for countries without the concept of privilege? The issue is, many employees straight out lie, and inexperienced HR who are running the investigations are not able to get the outcomes half the time.

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My Ammi told me
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Mut ja beta”

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