Investigating Harassment Complaints —Fiorenza

Do not ask leading questions (i.e., questions that supply witnesses with the answer). Let them tell the story in their own words.

Consult with your employment attorney at this point, if necessary. However, the employer must be prepared to conduct the investigation itself. The person who conducts the investigation may be a witness in any litigation that ensues. Where the employer’s attorney conducts the investigation, the attorney’s notes and documentation are not subject to “attorney-client” privilege and may be obtained through the discovery process.