When we conduct an investigation we can testify concerning procedure employed in connection with the investigation, the witnesses interviewed, findings and conclusions and our independent investigation (not as counsel for employee or employer but as a third party investigator). In addition, we provide expert witnesses trial testimony on workplace practices and the adequacy of workplace investigations conducted by others. In this area, we typically work on behalf of plaintiffs.
FEHA Cases and Employee Misconduct Adverse Actions
Expert testimony can also be offered concerning whether an investigation was conducted in accordance with industry standards and/or organizational policy. Expert testimony may be offered to address investigations in the context of alleged FEHA violations and employee misconduct cases. The implications of failure to conduct an appropriate investigation include the use of such failure as evidence of pretext in the reason for termination or adverse action. Opinion and testimony can also be offered to address whether an investigation was conducted in accordance with industry standards, including the nature and extent of the investigation, its adequacy, timeliness and whether it was undertaken in consistent with the criteria previously discussed.