When a serious allegation arises within your company—whether it’s sexual harassment, executive misconduct, or financial fraud—the steps you take in the first 48 hours can determine whether you face a costly lawsuit or a quiet resolution.
At Baird Quinn LLC, we serve as impartial third-party investigators for Colorado employers. We provide the objectivity and legal depth that in-house HR teams often cannot, ensuring your investigation withstands scrutiny in court.
Why Hire Outside Counsel for Investigations?
The Importance of Neutrality & Privilege While internal HR teams can handle routine disputes, investigating high-stakes allegations internally can be risky. It may create an appearance of bias (“the company investigating itself”) or conflict of interest.
By hiring Baird Quinn LLC as outside counsel, you ensure:
- Objectivity: We have no personal ties to the accused or the accuser.
- Privilege: Investigations conducted by legal counsel can often be protected under attorney-client privilege, keeping sensitive findings confidential until you are ready to act.
- Credibility: If the matter goes to trial, a report from an independent law firm carries far more weight than an internal HR memo.
The Legal Standard: Protecting Your Business
Under U.S. Supreme Court precedents (known as the Faragher/Ellerth defense), an employer can often avoid liability for workplace harassment if they can prove they took “prompt and remedial action.”
A thorough, documented internal investigation is the cornerstone of this defense. A sloppy or biased investigation, however, can be used as evidence against you.
Types of Workplace Investigations We Conduct
Our Denver employment lawyers have conducted hundreds of sensitive investigations for Fortune 500 companies, professional sports franchises, and government entities. We handle:
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Sexual Harassment & Discrimination: investigating “he-said, she-said” claims with forensic attention to detail.
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Executive Misconduct: Handling sensitive allegations against C-level executives or board members where internal HR may be compromised.
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Whistleblower & Retaliation Claims: Determining if an adverse action was retaliatory under laws like Sarbanes-Oxley or the Colorado Wage Act.
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Financial Fraud & Embezzlement: working to uncover theft of trade secrets or corporate assets.
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Regulatory Compliance: Investigating safety violations, wage and hour compliance, and ethical breaches.
Our Investigation Process
We move quickly to preserve evidence and interview witnesses while memories are fresh.
- Scope & Strategy: We define the scope of the investigation to ensure it is focused and legally privileged where possible.
- Evidence Gathering: We review emails, Slack messages, financial records, and personnel files.
- Witness Interviews: We conduct professional, respectful, yet rigorous interviews with the complainant, the accused, and witnesses.
- The Final Report: We provide a comprehensive written report detailing our factual findings, credibility assessments, and legal conclusions. This report is designed to stand up in court.
Mitigate Your Risk. Act Decisively.
Ignoring a complaint is the fastest way to invite a lawsuit. If you suspect misconduct within your organization, contact Baird Quinn LLC immediately. We act as your neutral shield, finding the truth so you can make informed business decisions.
Frequently Asked Questions: Workplace Internal Investigations
When should a company hire an outside workplace investigator?
A company should hire outside legal counsel when the accused is a high-level executive, when the allegations involve serious legal liability (such as sexual assault or financial fraud), or when an impartial third party is needed to prevent claims of HR bias or conflicts of interest.
Are internal workplace investigations confidential?
If an internal investigation is conducted by outside counsel for the purpose of providing legal advice, it may be protected by the attorney-client privilege and the work-product doctrine. However, if the company relies on the investigation as a legal defense in court, the final report may eventually need to be disclosed.
What happens if an internal investigation finds no misconduct?
A formal finding of “no misconduct” is a successful outcome for an employer, provided the investigation was thorough, prompt, and unbiased. The final investigation report provides the company with documented proof that it took the complaint seriously and acted reasonably, which serves as a powerful defense against future negligence or retaliation claims.