April 22, 2026 | Posted By: Emma Doull
Two jury verdicts from January 2026 offer a sobering preview of what is at stake when employers mishandle workplace complaints. In one case, a jury in the Northern District of Georgia awarded an employee $5.5 million in a sexual harassment and retaliation case. In another case, a Utah jury awarded a former HR worker more than $5 million after finding her employer retaliated against her for raising workplace concerns.
These were not outliers. Large jury awards in discrimination and retaliation cases have become increasingly common, and the financial exposure they represent is only part of the picture. Reputational damage, regulatory scrutiny, and the corrosive effect on company culture can be just as costly over time.
The common thread in many of these cases is not just that misconduct occurred, but that the employer failed to respond appropriately. A well-executed workplace investigation, conducted promptly and fairly, is one of the most powerful tools an employer has to protect itself and its people. Here is what that looks like in practice.
Know When an Investigation Is Required
Not every complaint requires a formal investigation, but every complaint deserves a prompt and serious review. Complaints can come from many directions: an employee reporting to HR, a tip from a supervisor, a whistleblower complaint, or an anonymous hotline submission. The source does not determine the severity of the allegations.
When a complaint comes in, the first question is whether a formal investigation is warranted. That determination should be made quickly, on a case-by-case basis, and it should account for the seriousness of the allegation, the laws and company policies potentially implicated, and the parties involved. Letting a complaint sit without a clear decision about next steps is itself a risk. Courts and juries look closely at how quickly and seriously employers respond once they become aware of a problem.
Assess Potential Liability Early
Before the investigation begins, it is worth pausing to assess potential legal exposure. Some workplace misconduct carries only internal disciplinary consequences. Other situations involving harassment, discrimination, retaliation, wage violations, or potential fraud can expose the company to civil lawsuits, administrative proceedings, or, in serious cases, criminal liability.
Understanding the potential exposure at the outset shapes everything that follows: the scope of the investigation, the resources devoted to it, whether outside counsel should be involved, and whether any interim protective measures are needed while the investigation is ongoing. Getting that assessment right early is far more efficient than scrambling to catch up after a claim has been filed.
Decide Whether to Investigate Internally or Bring in Outside Help
Most employers have HR personnel capable of handling routine internal investigations. But not every investigation should be handled internally. When the accused party is a senior leader, there is a potential conflict of interest involving the investigator, the allegations are unusually serious or complex, or the credibility of the process itself is important, an external third-party investigator may be the right choice.
An outside investigator brings objectivity that an internal team, no matter how well-intentioned, may not fully achieve. That objectivity matters both for the integrity of the findings and for how the process will appear if it is later scrutinized in litigation or by a regulatory agency. Hoyer Law Group’s employment law attorneys can assist employers in structuring investigations and determining the right approach for the situation at hand.
Preserve Documents Before They Disappear
One of the most consequential early steps in any investigation is implementing a document preservation strategy. Relevant evidence in workplace disputes often lives in emails, text messages, Slack or Teams conversations, and files stored on company devices. Automatic deletion policies, which many companies maintain for routine data hygiene, can inadvertently destroy evidence if a litigation hold is not promptly put in place.
A litigation hold letter should go out to all potentially involved personnel as soon as it becomes clear that an investigation may have legal implications. The hold should cover the full universe of potentially relevant documents, including communications on personal devices used for work purposes if company policy permits that review. Employers should carefully consider the relevant time period, the key custodians, the platforms involved, and the search terms likely to surface relevant material. Failing to preserve documents or being seen as having allowed evidence to disappear can be devastating in litigation.
Manage Confidentiality Carefully
Information about a workplace complaint or investigation should be shared only with those who genuinely need to know. Broader disclosure creates multiple risks. It can compromise the rights of the person accused. It can prompt witnesses to align their accounts before they are interviewed. It can raise concerns about retaliation if the complainant learns that others have been informed. And it can simply undermine the integrity of the process.
Employers should consult their internal policies and any applicable legal requirements regarding confidentiality before the investigation begins, and reinforce those expectations with anyone brought into the loop. That said, employers should be cautious about issuing blanket confidentiality instructions to employees, as the National Labor Relations Board has scrutinized overly broad confidentiality directives in investigation contexts.
Understand the Limits of Attorney-Client Privilege
Many employers assume that if an attorney conducts or oversees an investigation, the entire process is protected from disclosure by the attorney-client privilege. That assumption is often wrong. Whether investigation materials are privileged depends on how the investigation is structured, how documents are created and labeled, what the primary purpose of the attorney’s involvement is, and several other factors that vary by jurisdiction.
Employers and their counsel need to think carefully about these questions before the investigation begins, not after. Decisions made early about how to structure the investigation, who conducts interviews, how findings are documented, and who receives the final report all have consequences for what can and cannot be protected from later discovery.
Protect Against Retaliation — Before and After
Retaliation is one of the most frequently litigated claims in employment law, and it often arises in the wake of an internal complaint or investigation. An employee who raises a concern and then experiences an adverse employment action, even something as subtle as being left off a distribution list or passed over for a desirable assignment, may have a retaliation claim regardless of whether the underlying complaint was meritorious.
Employers should have written anti-retaliation policies in place before any complaint arises, and those policies need to be actively enforced throughout and after an investigation. That may include interim protective measures during the investigation, such as temporary reassignment or adjusted reporting structures, to reduce the risk of contact between the complainant and the accused. It also means monitoring the situation after the investigation closes. Hoyer Law Group handles retaliation claims on both sides of the table and understands the patterns that give rise to liability.
Think Carefully About the Final Report
Before the investigation concludes, employers should decide what form the findings will take. A written report is appropriate in some circumstances and creates a clear record of what was found and what action was taken. In other situations, a written report creates a document that will be discoverable in future litigation and that may need to be carefully considered before it is drafted.
The decision about who receives the final findings matters as well. A report that circulates broadly can raise the same confidentiality concerns discussed above. These are decisions that benefit from legal guidance tailored to the specific facts of the investigation.
Build the Policies and Training That Make Investigations Less Necessary
The best investigation is often the one that never needs to happen. Employers who invest in strong internal complaint policies, clear reporting channels, and regular training for managers and HR personnel are better positioned to identify and address problems before they escalate. They are also better positioned to defend themselves in court, because a documented history of taking compliance seriously matters.
After any investigation concludes, it is worth reviewing whether the process revealed gaps in existing policies or training programs. Addressing those gaps promptly demonstrates a commitment to continuous improvement that courts and regulators take into account. Hoyer Law Group’s HR consulting services help employers build and maintain the frameworks that support compliant, defensible workplaces.
Workplace Investigation FAQ
When a workplace complaint surfaces, how an employer responds can matter just as much as the complaint itself.
What is a workplace investigation attorney?
A workplace investigation attorney is a legal professional who helps employers conduct or oversee internal investigations into employee complaints, misconduct allegations, or policy violations. They bring legal knowledge to the process, which helps protect the employer’s interests while keeping the investigation fair, thorough, and defensible if the matter ever reaches litigation or a regulatory agency.
When should an employer bring in a workplace investigation attorney?
Not every complaint requires outside legal involvement, but certain situations do. These include:
- Allegations against senior leadership or HR personnel
- Complaints involving potential criminal conduct
- Situations where internal investigators have a conflict of interest
- Cases likely to result in termination or significant discipline
- Complaints filed with the EEOC or a state agency
What types of complaints typically require a formal investigation?
Harassment, discrimination, retaliation, wage theft, workplace violence threats, and whistleblower complaints all generally warrant a structured investigation process. The more serious the allegation, the more important it becomes to document every step carefully and involve legal counsel early.
Can an employer conduct a workplace investigation without an attorney?
Yes, but doing so carries risk. Internal investigations conducted without legal guidance often have procedural gaps that surface later in litigation. An attorney can help design the investigation framework, advise on what questions to ask, and identify issues that a non-attorney investigator might miss.
What does a legally sound workplace investigation look like?
A proper investigation typically involves a neutral investigator, prompt action after a complaint is received, confidential interviews with relevant witnesses, a written record of findings, and a consistent process applied regardless of who is accused. An attorney advising on a workplace investigation can help make sure each step holds up to scrutiny.
How does attorney-client privilege apply to workplace investigations?
When an attorney conducts or directs a workplace investigation, certain communications and documents may be protected by attorney-client privilege. This can be a significant advantage if the matter leads to litigation. However, privilege protection is not automatic and depends on how the investigation is structured from the start.
What mistakes do employers commonly make during workplace investigations?
Common errors include:
- Waiting too long to begin the investigation after a complaint is received
- Allowing the accused to participate in or influence the process
- Failing to interview all relevant witnesses
- Not documenting interviews and findings in writing
- Reaching a conclusion before gathering all the facts
What should employers do to protect employees during an investigation?
Interim protective measures are often appropriate while an investigation is ongoing. Depending on the situation, this might mean temporarily reassigning one of the parties, adjusting schedules, or placing someone on paid administrative leave. The goal is to prevent further harm without punishing anyone before the facts are established.
How long should a workplace investigation take?
There is no universal timeline, but prompt action is generally expected. Investigations that drag on for weeks without clear progress can signal to regulators and courts that the employer did not take the complaint seriously. Most straightforward investigations should reach a conclusion within two to four weeks of the initial complaint.
Does the Equal Employment Opportunity Commission have standards for workplace investigations?
The EEOC provides guidance on what constitutes an adequate response to harassment and discrimination complaints, which includes conducting a timely and impartial investigation. Employers who fail to investigate properly may lose certain legal defenses that would otherwise be available to them.
What happens after a workplace investigation concludes?
Once findings are documented, the employer must decide on an appropriate response. That could mean disciplinary action, policy changes, additional training, or a determination that the complaint was unsubstantiated. Whatever the outcome, the decision and the reasoning behind it should be documented clearly.
Can a workplace investigation itself become the basis for a retaliation claim?
Yes. If an employee who filed a complaint is later treated differently, reassigned unfavorably, or terminated, they may argue the investigation was used as a pretext for retaliation. This is one reason why legal oversight of the process matters, not just for the investigation itself, but for how the employer acts in the weeks and months that follow.
If your organization is facing a workplace complaint and you want to make sure the process is handled properly, Hoyer Law Group, PLLC is available to help you structure an investigation that protects both your employees and your business.
Contact Hoyer Law Group
Facing a workplace complaint or looking to strengthen your investigation policies before a problem arises? Contact Hoyer Law Group for a confidential evaluation at www.hoyerlawgroup.com/contact/ or call us at (844) 531-0082.
This blog is for general informational purposes only and does not constitute legal advice. For advice specific to your situation, please consult a qualified attorney.