The Benefits of Using a Legal Professional for Workplace Investigations

In today’s complex workplace environment, allegations of misconduct, harassment, discrimination, or policy violations require thorough, impartial investigation. When organizations need a clear determination of what occurred and whether policies were violated, engaging an independent decision-maker with legal expertise offers significant advantages. Here’s why using a lawyer as your third-party investigator and decision-maker makes good business sense.

What a Third-Party Decision-Maker Does

As third-party workplace investigators, we serve as independent, neutral decision-makers who evaluate allegations of workplace misconduct. Our role includes:

• Reviewing evidence and conducting interviews
• Making factual determinations about what occurred
• Analyzing whether the facts constitute violations of workplace policies
• Providing clear, well-reasoned reports of findings
• Delivering objective conclusions that organizations can rely upon

We do not implement discipline or remedial measures—those decisions remain with your organization’s leadership. Rather, we provide the factual foundation and policy analysis that enables informed decision-making.

The Legal Expertise Advantage

Understanding the Legal Framework

As practicing employment lawyers, we bring specialized knowledge of employment law that enhances the quality of investigations. This expertise allows us to:

• Recognize potential legal issues that might not be apparent to non-legal investigators
• Understand the legal implications of different types of workplace misconduct
• Apply appropriate standards of proof and evidentiary principles
• Interpret policies within their proper legal context
• Spot potential liability risks and compliance concerns

Risk Mitigation Through Proper Process

Workplace investigations can create significant liability when improperly handled. Our lawyer-led investigations offer:

• Procedural fairness that withstands scrutiny
• Appropriate handling of sensitive information and privacy concerns
• Protection of confidentiality and legal privilege where applicable
• Documentation that meets legal standards
• Findings that can better withstand legal challenges

Impartiality and Credibility

True Independence

As external legal professionals, we bring genuine impartiality to investigations. We have:

• No stake in the outcome
• No reporting relationships with the involved parties
• No institutional biases or political considerations
• No concern about future workplace dynamics

This independence allows for decisions based solely on evidence and policy application rather than organizational politics or relationships.

Enhanced Credibility of Findings

When difficult decisions must be made, having qualified legal professionals as decision-makers lends credibility to the findings. This benefits organizations by:

• Reducing perceptions of bias or favoritism
• Demonstrating serious commitment to fair process
• Building trust in the outcome among affected parties
• Showing due diligence to external stakeholders
• Supporting the defensibility of subsequent actions

Efficiency and Effectiveness

Focused Expertise

Our specialized focus on workplace investigations means:

• Streamlined processes developed through experience
• Efficient interview techniques that elicit relevant information
• Recognition of patterns and issues based on similar investigations
• Clear, concise reports that avoid unnecessary complexity
• Practical recommendations grounded in reality

Cost-Effectiveness

While engaging lawyers may seem costly initially, the investment typically yields long-term savings by:

• Preventing protracted internal disputes
• Reducing the risk of litigation
• Avoiding repeat investigations due to procedural flaws
• Minimizing workplace disruption
• Allowing internal resources to focus on core business functions

Organizations We Serve

Our investigation services are tailored to meet the needs of various organizations throughout Alberta and British Columbia, including:

Corporate Sector

• Mid-sized businesses (50-500 employees)
• Large corporations and multinational companies
• Crown corporations and government agencies
• Professional service firms
• Resource and energy sector companies
• Technology firms and startups scaling up

Education Sector

• Universities and colleges
• Technical institutes
• Research organizations
• School districts and educational authorities
• Private educational institutions

Other Organizations

• Unions
• Healthcare organizations and authorities
• Non-profit organizations
• Professional regulatory bodies
• Industry associations
• Municipal governments
• Arts and cultural institutions

We understand the unique dynamics, regulatory frameworks, and policy environments of these varied organizations. Our team has conducted investigations across diverse sectors, bringing relevant industry knowledge to each case while maintaining our independent perspective.

When to Consider a Third-Party Legal Investigator

Organizations should consider engaging our legal professionals as third-party investigators when:

• Allegations involve senior leadership or high-profile employees
• The matter is particularly sensitive or complex
• Internal investigators may have conflicts of interest
• The situation has potential legal implications
• Objectivity and credibility of findings are paramount
• Special expertise is needed to interpret policies correctly

By engaging legal professionals to determine what happened and whether policies were violated, organizations demonstrate a commitment to fair process while benefiting from specialized expertise that protects their interests and supports sound decision-making.

PRIVACY NOTICE:  Any information you provide to our office — whether your personal information or employment/employer details — will be treated as strictly confidential and will not be disclosed to your employer or to any other third party. So, please be reassured that you can talk openly to our capable Intake Paralegals worry free. Fill out an Online Inquiry or call us now, your information will be in safe and helping hands.

The Legal Review Process by Taylor Janis Workplace Law

• Taylor Janis strives for high-quality, legally verified content.
• Content is meticulously researched and reviewed by our legal writers/proofers.
• Details are sourced from trusted legal sources like the Employment Standards Code.
• Each article is edited for accuracy, clarity, and relevance.
• If you find any incorrect information or discrepancies in legal facts, we kindly ask that you contact us with a correction to ensure accuracy.