Employment Litigation Support
Investigation for Management and Defense Counsel
We have substantial, broad-based experience working closely with management and defense counsel for employers. Our experience covers a wide variety of industries including a multitude of public entities, agriculture, advertising, manufacturing, hospitality, healthcare, construction, and education to name a few. We assist defense counsel in the representation of employers in virtually every type of employment practices action available under law, including all forms of discrimination, sexual harassment, wage and hours issues, unfair labor practices, and class action litigation.
We also work closely with the employer's legal counsel on a variety of matters other than those involving employment practices, including toxic torts, allegations of state and federal environmental violations, state and federal safety violations, corporate criminal violations, and due diligence.
Employment Investigation for Plaintiff's Counsel
At S. K. Nelson & Company, we have the balanced perspective on labor and employment matters that can only come from working with plaintiff and defense counsel alike. We have assisted plaintiff's counsel for many years in their representation of current and former employees, and this affords us the ability to experience both sides of these disputes while making us obligated to neither. This facilitates a level of objectivity that may not be seen in those who are routinely engaged by only one side in these matters.
Typically, employment investigation for the plaintiff involves identifying, locating, contacting and interviewing actual and potential fact witnesses in support of a theory of liability. This is often a delicate matter requiring tact and discretion inasmuch as many of these witnesses remain employed by the defendant. Contacting these witnesses in a non-threatening manner, securing their cooperation, and eliciting relevant evidence from them is at the heart of employment investigation for the plaintiff.
Perhaps one of the most valuable and useful aspects of plaintiff's investigation involves the "screening" of potential witnesses. We can often conduct interviews and obtain statements from actual or prospective witnesses at a fraction of the cost of a deposition. Properly conducted, such pre-deposition interviews may serve to educate legal counsel about a witness's knowledge of the facts and the parties as well as his or her role in the case. They may also reveal relevant bias or factually adverse witnesses without exposing them to opposing counsel.
Another aspect of plaintiff's investigation that is often crucial to success is background research. Such research may reveal valuable evidence of prior similar conduct by individual defendants, prior complaints of unlawful employee behavior, or management's knowledge of such. Background research may also be useful for establishing bias on the part of adverse witnesses.
We have the ability and expertise to conduct these often sensitive investigations with discretion, along with a track record of having done so successfully in matters both large and small. Whether pre or post-complaint, when it comes to identifying and securing valuable evidence from witnesses for the plaintiff, S. K. Nelson & Company has the experience and resources necessary for success.
Objective investigation regarding allegations of executive or corporate officer misconduct
Investigation of asset misappropriation (fraud, theft, or other loss)
Identifying, locating and interviewing current and former employees
Obtaining employee declarations regarding wage and hours issues
Credibility investigation regarding parties, witnesses, and current and former employees
Administrative reviews of organizational systems and procedures (environmental and management audits)
Transaction, merger, and acquisition due diligence investigations
The Value of Employment Investigation for the Plaintiff