Internal investigations: Get them right or pay the price.

When it comes to an internal investigationa formal inquiry conducted by an organization when there are allegations of wrongdoingmany HR specialists are caught off guard.

Under many laws (e.g., Title VII, the Americans with Disabilities Act [ADA], the Age Discrimination in Employment Act [ADEA], the Occupational Safety and Health Act [OSHA], the Sarbanes-Oxley Act, state and local nondiscrimination laws), employers are legally obligated to investigate complaints (harassment, discrimination, retaliation, safety and ethical) promptly.

In addition, any appropriate corrective action is required to be taken by the employer to ensure illegal activities and behaviors cease immediately.

"Investigations are becoming a new and independent source of risk," attorney Christopher Ward with Foley & Lardner told Business Management Daily during its HR Specialist Summit. "And it's not simply whether you did an investigation, but whether you did it right. A good investigation usually means a good process."

Ward advises:

Think about whether to investigate. Not every complaint requires one. Is it just petty behavior, or does it require a full-blown investigation:

Who will investigate? This is the most important decision to get right. What are the optics? Who are the players, and do the right people have the right skills? Consider an...