Workplace Investigations

What are workplace investigations?

Workplace investigations serve as pivotal inquiries conducted by employers to ascertain facts surrounding alleged employee misconduct. These examinations aim to substantiate allegations and, if confirmed, take appropriate actions to prevent future occurrences. Need help with a matter related to workplace investigations? Schedule your consultation today with a top employment law attorney.

In Florida, which laws and regulations relate to workplace investigations?

In Florida, workplace investigations operate under several laws and regulations, all of which relate to broader workplace protections. For instance, Florida Statutes §394.459 defines sexual misconduct, mandating employees of the Department of Children and Families to report such incidents and engage local law enforcement. Additionally, Florida Statutes §760.10 prohibits employment discrimination based on various factors, empowering the Florida Commission on Human Relations to investigate related complaints. Notably, Florida law mirrors federal law found in Title VII of the Civil Rights Act, forbidding discrimination based on race, color, religion, sex, or national origin.

What are common issues regarding workplace investigations that lead to litigation?

Litigation often arises due to several critical issues in employment law related to workplace investigations, such as:

Failure to conduct prompt and impartial investigations.
Inadequate notice to both the complainant and the accused.
Incomplete information gathering and failure to interview all relevant parties.
Breach of confidentiality during the investigation process.
Failure to take suitable remedial action and possible retaliation.

Employers must remain vigilant about these issues during investigations to avert potential litigation. When a set of facts is appropriate to require workplace investigations, there are many paths an employer may take.

We are value-based attorneys at Jimerson Birr, which means we look at each action with our clients from the point of view of costs and benefits while reducing liability. Then, based on our client’s objectives, we chart a path forward to seek appropriate remedies. To determine whether a unique situation may necessitate litigation, please contact our office to set up your initial consultation.

What steps should an employer take to minimize the risk of litigation over workplace investigations?

Employers can mitigate litigation risks by implementing these steps:

Establishing comprehensive investigation policies and procedures.
Providing regular training on investigation protocols and confidentiality.
Promptly addressing complaints of discrimination, harassment, or retaliation.
Conducting thorough investigations, assessing credibility, and documenting findings.
Taking prompt remedial actions while protecting investigation confidentiality.
Ensuring no retaliatory actions and documenting the investigation process.

What evidence does a plaintiff generally need to successfully file a lawsuit regarding workplace investigations, and what are common legal defenses to those claims?

Whether a workplace investigation constitutes actionable conduct in litigation depends on a variety of factors, the most notable of which is an employer’s breach of a statutory duty or obligation to an employee. Of course, the context of the employment (public versus private) and the specific acts must be scrutinized in accordance with relevant Florida and federal laws. Thus, for a workplace investigation to become actionable, Plaintiffs typically need to establish:

Existence of an employment relationship; and
Employer breach leading to damages suffered by the employee.

Common legal defenses include failure to exhaust administrative remedies, statute of limitations, lack of evidence, and demonstrating a legitimate business reason for their actions. To see what actions or defenses may be available for your unique situation, please contact our office to set up your initial consultation.

Frequently Asked Questions

Q: What are common types of workplace investigations in employment matters?

Workplace investigations often encompass inquiries into harassment, discrimination, retaliation, and policy violations.

Q: What damages can be recovered in a successful lawsuit regarding a workplace investigation?

A: Successful workplace investigation lawsuits may recover lost wages, emotional distress damages, and sometimes punitive damages. As previously mentioned, the recoverable damages and, more generally, structure of related litigation will depend on the laws implicated and the context of the employment.

Q: What is the statute of limitations for workplace investigation claims in Florida?

The statute of limitations for workplace investigation-related lawsuits in Florida varies, typically ranging from 2 to 5 years depending on the underlying legal claim(s) asserted.

Have more questions about a workplace investigations-related situation?

Crucially, this overview of workplace investigations does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain a tireless advocate every step of the way. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to set up a consultation.

Here are some blogs written by JB attorneys that provide more information about workplace investigations: