Compliance Stuff

Workplace investigations are uniquely high-risk in the staffing industry because the alleged conduct occurs at a client’s worksite, the key witnesses and documents may be controlled by the client, and the worker may be employed by your company but supervised by the client. Add remote work, text messages, chat platforms, and client pressure, and even routine complaints can quickly become a complicated maze.   What should staffing firms do  before  a complaint lands in their inbox? This Insight will cover your five biggest priorities. 1. React Swiftly – But Don’t Rush Speed matters in investigations. Delays can increase legal risk, undermine employee confidence, and make evidence harder to preserve. But moving fast does not mean skipping steps, so make sure you understand the direction you’re going before you launch. 2. Clarify Roles With the Client Immediately One of the mistakes staffing firms make is assuming the client will handle everything, or that the staffing compan...

Responding properly to reports of illegal or criminal activity, unlawful discrimination, harassment and retaliation, and other workplace complaints often requires employers to conduct internal investigations. The nature and seriousness of a complaint or the concerns raised will determine whether an informal resolution or a formal investigation is appropriate. Workplace investigations provide critical benefits by ensuring legal compliance, mitigating litigation risks, and maintaining a safe, productive culture. Investigations allow employers to objectively address misconduct, such as harassment or discrimination, prevent the escalation of disputes, mitigate loss and costly remedial measures associated with litigation or illegal or criminal activity, such as fraud, as well as demonstrate a commitment to fairness, which strengthens employee trust and protects an employer’s reputation. This article outlines steps and best practices for employers to consider when conducting effective w...

Workplace investigations are a balancing act. On one side is the employer’s obligation to promptly and thoroughly investigate alleged misconduct. On the other is the respondent’s expectation of fairness, and particularly the right to be informed about the allegations against them so they can meaningfully respond. Get that balance wrong, and employers risk claims of procedural unfairness, labor violations, or compromised investigations. Get it right, and investigations are more defensible, more effective, and more likely to withstand scrutiny. The questions employers routinely face are deceptively simple: how much notice is a respondent entitled to, and when must it be provided? The answer, as with many employment law issues, is “It depends.” The scope and timing of notice vary significantly based on the workplace setting, whether the employee is represented, and whether special statutory protections apply. Notice as a Baseline Principle As a general matter, respondents in workplace inv...

A workplace investigation is a structured process used by employers to gather facts, evaluate evidence, and determine whether an employee’s conduct or organizational practices violate internal policies and/or applicable laws. Investigations serve as a critical compliance tool, particularly in connection with allegations of discrimination, harassment, retaliation, safety violations, and other forms of employee misconduct. I nvestigations also provide employers with an opportunity to demonstrate good-faith efforts to prevent and correct improper behavior, a factor that courts and governmental agencies consider when evaluating employment claims and actions. Beyond the courts or agencies, well-handled workplace investigations r einforce workplace standards, promote accountability, and help maintain employee trust in organizational processes . At the same time, not every workplace complaint requires a formal investigation . Overusing investigations can drain resources and create unnecessar...

When misconduct arises, knowing when and how to investigate is critical. Workplace investigations aren’t just about compliance. They are about protecting people, reputation, and culture. From harassment to fraud, knowing when and how to investigate can make all the difference. Ahead of the release of our 2025 APAC Employment Law Guide,  Fatim Jumabhoy , Partner and Head of Employment & Workplace Investigations, Asia, shares practical tips to help you: Know when to investigate Plan and conduct fair interviews Protect legal privilege Write strong, defensible reports These insights are drawn from our experience supporting clients across sectors and from our internal guidance, including culturally informed practices and legal privilege protocols where appropriate. 1 Know when to investigate Not every complaint needs a formal investigation, but some absolutely do. Investigate when: Allegations involve serious misconduc t (e.g. harassment, serious breaches of policy & systemic i...

A common issue that employers, regardless of size or industry, face is responding to employee complaints. If, for example, an employee reports that they are being sexually harassed at work or that another employee is violating a company policy, t he way employers respond to and investigate employee complaints is critical to protect the employer from or assist in its defense of an employment-related lawsuit . This article will discuss four common mistakes employers make when conducting internal workplace investigations and what can be done to avoid them.   1. Delayed Investigation Employers often improperly delay internal workplace investigations. As soon as an employer receives an employee complaint, they should immediately begin to evaluate and investigate that complaint. Regardless of whether an employee makes a complaint directly or in passing or whether it’s in person, in writing, or telephonically, it should trigger swift action by the employer. From a practical standpo...