When an employee comes forward with a complaint, it’s a signal that something isn’t right. As an employer, your first instinct may be to find the quickest, least disruptive solution. But when policy is broken, and an investigation is necessary, what you really need is a plaintiffs’ litigator—not just any attorney, but someone who knows how to uncover the truth, evaluate claims with scrutiny, and deliver results that ensure fairness for all parties involved.
Why Not a Transactional Attorney?
It may seem like a cost-saving option to hire a transactional attorney—someone whose role typically involves drafting contracts, managing compliance, and handling day-to-day legal matters. However, when it comes to workplace investigations, this approach is flawed.
A transactional lawyer’s role is to help prevent problems, not dig into potential wrongdoing or misconduct. They may be too willing to downplay serious issues, or worse, to dismiss claims to avoid confrontation or bad publicity. Transactional lawyers can sometimes inadvertently contribute to cover-ups or fail to uncover the full scope of a matter.
A plaintiffs’ litigator, however, is used to dealing with complex, high-stakes situations where the truth needs to come out. These attorneys take on cases where there’s a real risk of harm to the plaintiff—often on a contingency basis. That means if they get it wrong, they don’t get paid. In short, a plaintiffs’ attorney has every incentive to dig deep, ask tough questions, and uncover the truth—no matter where it leads.
The Complexities of Employee Complaints
Workplace complaints are rarely simple. They often involve sensitive dynamics, personal histories, and emotions. In some cases, there may be multiple perspectives, and the situation may not be as clear-cut as it appears at first glance.
A good plaintiffs’ attorney is equipped to navigate these complexities. They’re trained to see red flags—the subtle signs of discrimination, harassment, retaliation, or wrongful termination. They can also identify when an employee’s claim might be exaggerated or false. For them, getting the facts right is not just about protecting an individual—it’s about upholding the integrity of the legal system and ensuring justice is served.
The Importance of a Thorough Investigation
A plaintiffs’ litigator knows that a thorough investigation does more than just uncover wrongdoing—it also helps protect the organization. By conducting a full investigation, they not only help identify potential liability, but they also protect the business from future legal risks.
A well-executed investigation will:
Identify the facts: A good investigation gets to the heart of the matter. It collects evidence, interviews witnesses, and ensures that all sides of the story are heard. The facts that emerge from this process are crucial to making fair, legally sound decisions.
Protect the Company and employees’ rights: Fair treatment of employees isn’t just the right thing to do—it’s the law. A plaintiffs’ litigator knows how to respect confidentiality, avoid retaliation, and ensure that employees feel safe throughout the process. We also know when an allegation does not rise to an actionable level
Prevent future issues: An investigation that identifies and addresses problems early on can help prevent the escalation of claims into full-blown legal battles, potentially saving your organization significant time, money, and reputation damage.
Defensive Thinking is Zero-Sum Thinking
One of the pitfalls in workplace investigations is the tendency to treat it as a zero-sum game—one where someone has to “win” and someone has to “lose.” But in the real world, this approach doesn’t work. When an organization mishandles employee complaints or retaliates against workers, the result is a loss for everyone. The business loses its most valuable asset—its employees—and employes loses the trust and security they should have in the workplace.
A plaintiffs’ litigator knows that a fair investigation isn’t about labeling someone as a “winner” or a “loser.” It’s about ensuring that both sides are heard, understanding the harm that may have been done, and taking appropriate action to correct any wrongs. Whether that means holding an employee accountable for false claims or offering restitution to a wronged worker, a plaintiffs’ litigator can approach the situation without bias and with a keen eye for fairness.
Building Trust and Fairness in the Workplace
Ultimately, conducting a thorough, unbiased workplace investigation sends a clear message: Your company is committed to doing the right thing. You’re not just following the law; you’re valuing your employees and their well-being. And in today’s workplace, that’s essential. Employees need to know they are protected from misconduct, and employers need to be certain that they’re addressing issues head-on rather than sweeping them under the rug.
A plaintiffs’ litigator’s perspective ensures that your organization is on the right side of the law—and on the right side of fairness.
