The inherent seriousness and sensitivity of workplace investigations often obligates an employer to hire an independent investigator to conduct a prompt and comprehensive investigation. Lozano Smith’s Investigative Services Team, a specialist group within our Labor & Employment Practice Group, recognizes the challenges that come with investigations of employee, student, and parent complaints. These attorneys have expertly served as investigators and advisors to clients on a broad range of complaints and can help your district to navigate the investigations process. Working alongside K-12 school districts, community colleges, universities and other public agencies, the Investigative Services Team supports management in reviewing and responding to employee, student, and parent complaints in a fair, impartial, and legally compliant manner.
Lozano Smith understands that each investigation has unique circumstances and that every employer has different resources and viewpoints regarding the most appropriate approach for handling an investigation. An attorney can be helpful in various functions during an investigation, depending on what best fits the client’s needs. An attorney may advise management employees who are conducting an internal investigation, advise the client when it has retained an outside investigator, or serve as the lead investigator. Our attorneys have served in each of those capacities and are qualified and capable to provide such services to existing and new clients.
When serving as counsel during an investigation, our attorneys help clients to comply with their internal administrative processes, ensure that student, parent, and employee rights are respected, and take remedial action that may be needed. In the role of an investigator, the Team’s attorneys conduct each investigation with a heightened focus on gathering the relevant facts, establishing an evidentiary record in support of any factual findings, and reaching sound legal and/or factual conclusions. With Lozano Smith’s help, our clients resolve complaints through their administrative procedures and, when necessary, establish an appropriate record of the employer’s efforts in preparation for litigation.
Lozano Smith’s Investigative Services Team has expertise in many areas, including the following:
- Unlawful Discrimination
- Conflict of Interest
- Employee Misconduct
- Financial Fraud
- Sexual Harassment
- Title IX
- Training for Administration Team
- Unlawful Discrimination
- Violations of Policy or Performance Standards
The Investigative Services Team has established a firm-wide framework for conducting investigations and continually improve their craft through ongoing professional development with other investigators. The Team’s approach has proven helpful to employers in their efforts to investigate, prevent and correct misconduct, harassment, and discrimination.
Defective Internal Employment Investigations Can Create Liability - Article by Jessi T. Gasbarro featured in the November/December 2015 issue of the SSDA Newsletter