How to Conduct Bulletproof HR Investigations in 2025

Internal complaints and allegations can quickly snowball into costly lawsuits. That’s why it’s crucial that HR professionals know what to do to ensure compliant investigations, according to two speakers at SHRM25 in San Diego.  

With more than 70,000 Equal Employment Opportunity Commission complaints filed annually and average settlements ranging from $40,000 to $300,000, the pressure on HR teams to conduct thorough, defensible investigations has never been higher. 

The key to avoiding punitive damages — awarded when an employer acts with “malice or reckless indifference” — is a strong, timely response. Acting promptly is “going to save you from those punitive damages claims,” said Lindsay Massillon, an attorney with Fisher Phillips. 

A recent court case underscores this principle. In Harris v. FedEx Corporate Services Inc. (2024), a jury initially awarded punitive damages to the plaintiff. However, the 5th U.S. Circuit Court of Appeals later reversed the ruling, finding that FedEx conducted an in-depth HR investigation, which included interviews, documentation, and detailed analysis, each time the plaintiff made an internal complaint. The company’s proactive approach paid off. 

Specialty Credential: Workplace Investigations

Foundations of a Compliant Investigation

A solid investigation doesn’t just protect an employer in court — it prevents small problems from becoming major liabilities. But to be effective, investigations must follow a clear and thorough process: 

1. Identifying the Right Type of Complaint

HR should begin by distinguishing between types of reports: written complaints, verbal claims, witnessed misconduct, anonymous tips, and unexpected exit interview revelations. “Make sure you’re not requiring written complaints,” cautioned Melanie Webber, partner and co-chair of the crisis communication and strategy group at Fisher Phillips. 

In addition, HR should be conscious of gray areas such as office gossip, personality clashes, and vague performance issues, which may hint at deeper problems including discrimination and bias. 

2. Setting Up the Investigation 

A strong investigation starts with a structured setup:

• Complete an immediate response checklist.
• Document the complaint in detail. 
• Assess urgency and assign the right investigator. 
• Identify witnesses and gather preliminary evidence. 
• Communicate clearly with involved parties and schedule reminders regarding anti-retaliation policies. 

3. Following a Clear Interview Process

Interviewing is at the heart of the investigation. HR should start by:

• Setting the stage for cooperation.
• Asking clear, relevant questions.
• Documenting all incidents with specific details (who, what, when, where). 

4. Interviewing the Key Players

• Complainant: Explain confidentiality and nonretaliation. Gather a detailed timeline and ask about prior incidents or patterns of behavior. Record direct quotes where possible. 
• Witnesses: Identify all relevant parties, preserve confidentiality while probing for information, and address hesitance or reluctance. 
• Respondent: Afford them due process, avoid asking leading questions, and ensure they have a full opportunity to share their side. 

HR’s responsibility does not end with the investigation, however. “The biggest danger in these things is not necessarily if you do a good investigation, not necessarily the underlying complaint,” Webber said. “It’s the retaliation piece after.” To avoid a claim of retaliation, HR should ensure corrective action has been taken and follow up with the complainant. 

How-To Guide: Conducting a Workplace Investigation

HR investigations can make or break a company’s legal defense. When done correctly, they not only uncover the truth but also show regulators and courts that the employer took the matter seriously and acted in good faith. If HR acts proactively, “you’re going to save your company a lot of trouble,” Massillon said.