Additionally, early involvement by counsel can help avoid privacy and defamation problems in the investigation. Specific matters reviewed with an attorney can include reviewing the interview questionnaire, taking notes at the attorney's instruction and reviewing the results of the investigation and the proposed course of action with the attorney. These precautions may result in documents and discussions having protection as attorney-client privileged documents or work product. Without such protection, the documents become discoverable by the alleged wrongdoer through a request for the personnel file. In a case involving a potentially violent employee, the company should consider establishing a review committee.
Possible participants are legal, human resources, security and medical professionals.
The committee's role is to review complaints involving threats or violence, decide when to contact an outside specialist to help assess whether there is a threat and decide an appropriate course of action. The alleged wrongdoer may be interviewed as the next witness after the complainant, particularly if he is not likely to dispute material facts. This limits what otherwise may be a disruptive investigation. If there are multiple witnesses or the material facts are likely to be disputed it becomes useful to interview them first so all the facts are together to review with the alleged wrongdoer. Where there are accusations of threats or violence, it is common to suspend the alleged wrongdoer or to place her on a paid or unpaid leave during the investigation.