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Rethinking Workplace Investigations in 2025: Getting It Right from the Start

by Jennifer Shaw | | August 4, 2025

We’ve all been there. It’s a busy afternoon, and an unexpected employee complaint lands in your inbox. You pause and think, “What do I do now?” The short answer? If you don’t know the key facts, it’s time to investigate.

In 2025, the stakes remain high. Once an employer is on notice of potentially improper work-related conduct, they are legally obligated to conduct a prompt, thorough, and impartial investigation—and to take effective corrective action when necessary. Failing to act quickly and appropriately can expose the organization to legal risk. It’s important to remember: there are no “off-the-record” complaints when it comes to workplace concerns.

Tempting as it may be to assume a complaint lacks merit, never make that call without doing your homework. Not every situation calls for a full-scale investigation—but every concern deserves some level of review. For example, if an employee reports an offensive email, it may be resolved by simply verifying the content and sender. But allegations of a hostile work environment often require multiple witness interviews and a more formal investigative process.

That said, if the facts are clear—perhaps the employee admits to the conduct or physical evidence supports the claim—then a full investigation may not be needed. Use common sense and tailor the response to the situation, but never skip steps based on assumptions.

A final (but critical) point: investigations should not end in “inconclusive” territory. Avoid the “he said/she said” trap. Like umpires in a baseball game, investigators must call a ball or a strike. The standard is simply “more likely than not,” not “beyond a reasonable doubt.” Even if the outcome turns out to be imperfect, a properly conducted investigation greatly reduces legal exposure—and builds trust in your workplace culture.

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Jennifer Shaw Founder
Jennifer Shaw is the founder of Shaw Law Group, and a 2019 recipient of the Sacramento Business Journal’s “Women Who Mean Business” award. A well-respected expert in employment law for more than 25 years, employers regularly rely on Jennifer to counsel them on a broad range of employment law issues. Jennifer’s practical advice covers subjects such as wage-hour compliance, anti-discrimination and harassment policies and procedures, reasonable accommodation/leave of absence issues, and hiring/separation processes. She is a trusted advisor to in-house counsel, HR professionals, and leadership across a broad spectrum of public sector and private sector employers.
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