Workplace investigations
Every harassment, discrimination, retaliation, safety, or misconduct complaint needs the same backbone: clear intake, defined scope, contemporaneous notes, and a written memo that in-house or outside counsel can rely on. Ask HR AI's Investigator Mode is built to produce exactly that.
What Ask HR AI covers
- Complaint intake and scope definition
- Witness interview planning, notes, and confidentiality instructions
- Evidence preservation and chain of custody
- Credibility analysis and preponderance-of-the-evidence findings
- Counsel-ready case memo
"Draft an investigation plan for a harassment complaint involving a manager and two witnesses."
Ask this in Ask HR AIHow to run a defensible workplace investigation
- Step 1 — Intake the complaint. Document who, what, when, where, and how the complaint was received, and issue a non-retaliation reminder.
- Step 2 — Define the scope and investigator. Assign an impartial investigator and set the allegations to be tested.
- Step 3 — Preserve evidence. Send legal holds for email, chat, badge, and video before witnesses are on notice.
- Step 4 — Interview witnesses. Use open-ended questions, take contemporaneous notes, and give confidentiality instructions consistent with NLRA limits.
- Step 5 — Write findings under a preponderance standard. Analyze credibility, draw findings, and issue a counsel-ready memo with recommendations.
Frequently asked questions
What are the elements of a defensible workplace investigation?
Prompt intake, defined scope, an impartial investigator, thorough witness interviews with contemporaneous notes, preserved documentary and electronic evidence, a written credibility analysis, and a memo stating findings under the preponderance-of-the-evidence standard.
Can we promise a complainant full confidentiality?
No. Investigators should promise discretion — sharing information only on a need-to-know basis — but cannot promise absolute confidentiality, both because the investigation may require disclosing facts to witnesses and because NLRA and state law protect certain concerted discussions.
What standard of proof applies to an internal investigation?
Internal HR investigations typically use the preponderance-of-the-evidence standard — whether it is more likely than not that the reported conduct occurred — not the higher criminal standard.
Should we put the accused on leave during the investigation?
Sometimes. Paid administrative leave is common where allegations are serious, where there is a credible safety concern, or where continued contact would chill witnesses. It should be framed as non-disciplinary and documented.
Related Ask HR AI topics
- Independent contractor classification — The federal DOL economic-reality test, the IRS common-law test, and state ABC tests (CA AB 5, MA, NJ) for 1099 vs W-2 classification.
- Employee handbook essentials — Handbook policies that reduce risk in every state — from at-will disclaimers to social media, remote work, and NLRA-compliant conduct rules.
- Background check basics for HR — What a compliant employment background check includes, FCRA disclosure and authorization, and how to interpret common report components.
- Harassment prevention and training — Mandatory sexual harassment training in CA, NY, IL, CT, DE, ME, WA — plus prevention policies, complaint channels, and Faragher/Ellerth defenses.
Compare Ask HR AI
Keep going on SafestHires
- All HR resources — calculators, templates, and the full Ask HR AI hub.
- Compliance checklist — the end-to-end FCRA, ban-the-box, and adverse action workflow.
- SafestHires blog — deeper dives on the topics above.
Ask HR AI is not legal advice. Confirm any final answers or suggested actions with your employment legal counsel before acting on them.