Scott T. Cliff, Attorney at Law | Workplace Investigation

Having litigated employment cases for over twenty years, Scott T. Cliff has conducted and/or overseen hundreds of investigations in the workplace, including dozens involving alleged unlawful harassment. How such investigations are conducted - and by whom - can have a major impact on an employer’s defense. In most cases, the employer is best served when the investigation is conducted by someone other than the attorney(s) who will be defending the case if it proceeds to court. Yet, an investigator’s depth of knowledge and experience in employment law is critical to asking the right questions and covering all the bases.

Since starting his own firm, Scott T. Cliff has been sought out as an independent investigator by lawyers wanting to preserve their roles as client advocates while still getting a “lawyerly” investigation they can trust. Sometimes, a good investigation can lead to prompt remedial measures that avoid litigation altogether. Of course, if litigation ensues and the investigator is called on to testify, there is no substitute for experience.

Federal and State Laws Require Workplace Investigation

Federal and State Laws require employers to undertake investigations in order to meet their responsibilities under the law. Employers that either know or should know about a discrimination, harassment, threat, or safety problem faced by an employee is required take prompt and effective remedial action to put an end to the problem. In order to know what action to take, or to find out whether action is even necessary, the employer has to investigate the situation and ascertain the facts.

Some of the more important Laws, Acts and Regulations that require investigations by employers are:

Job Discrimination – Civil Rights Act of 1964 (Title VII), the ADA, the ADEA, and their state equivalent.

Prohibited Discrimination –(OAR 571-003-0025(1)(c)

Discriminatory Harassment –(OAR 571-003-0025(1)(d)

Racial Harassment –(OAR 571-003-0025(1)(e))

Health and Safety Laws – OSHA – Regulations (Standards - 29 CFR)

Drug-Free Workplace Laws – Drug-Free Workplace Act of 1988 (41 USC CHAPTER 10 - DRUG-FREE WORKPLACE)

Background and Credit Checks – Fair Credit Reporting Act (15 U.S.C. Sec. 1681)

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Federal and State Laws Require Workplace Investigation