Why You Should Consider Retaining a Non-Lawyer Employee Relations Professional for Your Next Investigation

“The measure of intelligence is the ability to change.” – Albert Einstein

In today’s complex corporate landscape, in-house lawyers and senior HR executives face a crucial decision when it comes to conducting workplace investigations, particularly in sensitive matters such as harassment and discrimination. The traditional dichotomy between an internal Employee Relations expert and an external attorney is quite limiting. In this blog, I aim to broaden this perspective by emphasizing the entirely appropriate and excellent option of relying on external Employee Relations professionals, with the option of a hybrid approach that marries legal oversight with specialized Employee Relations skills.

The Advantages of External Employee Relations Professionals

Expertise with a Nuanced Understanding

External Employee Relations professionals typically bring to the table a unique combination of in-house corporate experience and high-level skills in conducting investigatory protocols with empathy, impartiality and practicality. Their “on-the-job” training typically consists of learning an effective system and policy framework for investigating legal and non-legal complaints, as well as grasping the subtleties of workplace dynamics and employee psychology. This dual focus is crucial in situations where emotional intelligence is as important as procedural accuracy.

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Budget-Friendly without Compromising Effectiveness

Cost considerations are always paramount. Engaging an external Employee Relations professional can be more economical than hiring a full-fledged attorney, particularly for cases with minimal legal complexities. And let’s face it, most workplace investigations really do not involve legal complexities. These professionals provide focused investigation services without the hefty price tag that often accompanies legal expertise.

And for those of you who are reluctant to consider hiring non-lawyer investigators for your needs, just a few more words about why this approach doesn’t compromise effectiveness. That a matter entails allegations potentially forming the basis of a lawsuit does not render the matter “legally complex.” In other words, my training and expertise as a lawyer and former employment litigator are actually unnecessary to my work as an investigator. It pains me to say it, but it’s true! I learned what I know about investigations as a young associate lucky enough to be allowed many opportunities to try, get it mostly right but partly wrong, and try again.

Enhancing Trust and Participation

An external professional, perceived as more neutral than an internal staff member and less “cutthroat” or apt toward hidden agendas than a stereotypical lawyer, can encourage a more open dialogue. Employees are often more forthcoming with external investigators, leading to more transparent and comprehensive investigations.

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The Hybrid Option: Legal Oversight with Employee Relations Acumen

Synergizing Legal and Human Elements

A hybrid approach may be the optimal solution in scenarios where you just want a lawyer’s stamp of approval and to be assured that a lawyer is supervising key aspects of the investigation process and reporting. Perhaps it’s the process you care about, or perhaps you want the gravitas and inherent credibility of an attorney’s signature on the report. This can easily be accomplished without the lawyer gathering all of the evidence and conducting all interviews.

This option involves an external Employee Relations professional conducting the investigation under the legal guidance of an attorney. This ensures adherence to best practices from a legal standpoint and the involvement of the lawyer appropriate to each unique circumstance while maintaining a keen focus on the human aspects of the case.

Why opt for the Hybrid Model?

Integrated Expertise: The lawyer ensures legal compliance and provides counsel, while the Employee Relations professional conducts exactly the same investigation that the lawyer would have conducted with equal capability, as well as emotional intelligence and insight into organizational culture.
Cost-Effective Solution: This model allows for financial flexibility, with the primary investigation handled by the Employee Relations professional and lawyer input, involvement, and oversight provided as necessary.
Building Trust: The presence of an Employee Relations professional can create a more approachable environment for employees, leading to more honest and thorough disclosures.

In conclusion, it’s essential for in-house lawyers and senior HR executives to recognize the limitations of the traditional binary choice in workplace investigations. Exploring the option of external Employee Relations professionals and considering a hybrid approach can lead to more effective, financially sensible, and empathetic handling of sensitive workplace issues. These strategies ensure thorough and fair investigations and align with modern organizations’ needs.