Workplace Investigations

Working exclusively for Florida Employment Lawyers … Providing Workplace Investigations …

Employment Lawyers Resource

  •  Sexual harassment and workplace investigations you — and your clients — can rely on

Why not perform investigations yourself?

  • As an attorney, you provide privileged attorney-client advice.
  • We provide reports, recommendations and testimony you can use effectively in court to demonstrate your client’s prompt investigation and reliance on an outside expert in taking appropriate remedial action.

As a result, You –

  • don’t become a witness in the case your firm will be litigating
  • don’t conflict yourself out of representation of your client in litigation
  • don’t jeopardize privileged communications
  • do avoid allegations of bias

Why are outside investigations more reliable?

  • No real or perceived bias based on any prior business relationship
  • Witnesses are more inclined to speak freely with an independent investigator

Why choose a lawyer? Don’t HR firms do this cheaper?

  • You get what you pay for.

With an attorney You get:

  • Someone who knows the law, knows what to ask, and understands your client’s legal obligations under the current caselaw.
  • Because we are a law firm, you can decide whether you want communications related to the investigation protected by attorney-client privilege, or admissible in court.
  • Because the investigator is an attorney who has represented both businesses and plaintiffs in private practice and has no ongoing relationship with your client, the investigator’s conclusions do not carry the stigma of a bias toward management.

How are investigations conducted?

  • Investigations can be conducted by phone or in person, onsite at your client’s offices, or at an outside location
  • Investigations can be as simple (and low cost) as reviewing interviews conducted by your client’s HR staff and making independent recommendations your client can rely on, or as thorough as conducting the entire investigation from interviews through analysis, conclusions and recommendations.

How will the results be presented?

We offer a variety of options for you and your client. Statements can be in the form of –

  • Verbal statements which are summarized in writing
  • Signed written statements
  • Affidavits
  • Recorded interviews
  • Statements taken before a court reporter

Report contents can –

  • be limited to a recitation of facts and statements by witnesses
  • include conclusions re credibility of witnesses
  • include an overall opinion as to whether harassment occurred
  • include recommended remedial action
  • include a separate, confidential risk analysis and potential damages evaluation

FAQ’s

Is a course of action recommended?

  • Again, it’s all up to you.

Do you provide factual and/or expert testimony?

  •  Yes.

Are investigations from Employment Lawyers Resource confidential?

  • Because the investigation is conducted by an attorney, you decide whether you want to treat our investigation as privileged work product for your defense of a claim, or use it as admissible evidence of your client’s prompt investigation and good faith efforts to take appropriate remedial action.

Who conducts the investigation?

  • All investigations are personally conducted by Phyllis J. Towzey, a Florida board certified labor and employment law attorney who has represented both employers and plaintiffs in employment law litigation for more than 20 years.

What is the cost?

  • Investigations are conducted on an hourly fee basis ($325 per hour), or a flat fee which varies based on the scope of the investigation, anticipated number and length of interviews, and the type of report selected. Flat fees typically range from $2,500 to $10,000. There is no charge for travel within the Tampa Bay area.

Do you conduct investigations throughout the State of Florida?

  •  Yes, we offer a state-wide service. Investigations can be handled onsite anywhere in the state, or by telephone from our offices in St. Petersburg. Travel expenses outside the Tampa Bay area are charged to your client, and a reduced rate of $100 per hour is charged for travel time outside the Tampa Bay area.
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