Workplace Investigations — Gillette Mediation

Workplace Investigations · Washington State

When the investigation has to be truly independent.

When a serious complaint lands, who looks into it matters as much as what they find. An outside, neutral investigator gives employers findings that hold up — to the workforce, to regulators, and, if it comes to it, to a jury — precisely because no one inside the building ran them.

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Why Independent

The same facts carry more weight from a neutral.

Internal teams can run a careful, good-faith investigation — but when the stakes are high or the people involved are senior, who conducted it becomes the whole question. Independence is what makes findings defensible.

Independent investigation

A neutral with no stake

  • Conducted by someone with no relationship to those involved
  • Insulated from internal politics and reporting lines
  • Credible to employees, regulators, and a jury
  • Thorough, well-documented, and built to withstand scrutiny
  • Frees HR and leadership from an impossible dual role
Internal investigation

Run from inside

  • Conducted by people who may know — or report to — those involved
  • Vulnerable to claims of bias, even when done in good faith
  • Hard to insulate when HR or leadership is implicated
  • Findings can be second-guessed if the matter escalates
  • Pulls staff away from their actual jobs

What I Investigate

The complaints that need a careful, neutral hand.

Sensitive matters where the facts are contested, the stakes are real, and the process has to be above reproach.

Harassment

Sexual harassment and harassment based on a protected characteristic — including matters that cross teams, locations, or seniority levels.

Discrimination

Allegations that hiring, pay, promotion, discipline, or termination decisions were driven by a protected characteristic rather than legitimate factors.

Retaliation

Claims that an employee faced adverse treatment after making a complaint, reporting misconduct, or engaging in protected activity.

Hostile Environment & Bullying

Patterns of conduct — not always tied to a protected class — that undermine a team, drive turnover, and demand an objective look.

Misconduct & Policy Violations

Dishonesty, conflicts of interest, ethics and code-of-conduct breaches, and other allegations that call for documented, impartial fact-finding.

Executive & Sensitive Matters

Complaints involving senior leaders, owners, board members, or HR itself — the situations where internal handling simply cannot appear neutral.

The Process

Prompt, thorough, and documented.

A defensible investigation follows a disciplined arc, set up correctly from the first conversation.

1 Scope & plan

We define the allegations, the scope, the timeline, and how the findings will be used — and make sure relevant documents and communications are preserved before anything moves.

2 Interviews & evidence

Confidential interviews with the complainant, the respondent, and witnesses, alongside a careful review of documents, messages, and the policies that apply.

3 Findings

The evidence is weighed against the appropriate standard — typically whether the conduct more likely than not occurred — including credibility assessments where the accounts conflict.

4 Written report

A clear, organized report of the factual findings and, where asked, whether policy was violated. The organization decides what happens next; the investigator does not impose discipline.

Who calls on an outside investigator

Employers, counsel, and boards.

For Employers & HR

An answer you can stand behind.

When a complaint is serious, or when handling it internally would look like the fox guarding the henhouse, an independent investigator protects both the people involved and the organization.

  • Essential when the complaint involves HR, an executive, or an owner
  • A prompt, thorough process that demonstrates good faith
  • Neutrality that holds up if the matter is ever challenged
  • Relief from an impossible "investigate your own boss" role
  • Findings you can act on with confidence
For Counsel & Boards

A neutral you can retain.

When a matter is litigation-likely or reaches the board, you want an investigator whose independence and documentation will survive cross-examination.

  • An independent investigator engaged for a client or board matter
  • Defensible fact-finding for high-stakes or contested complaints
  • Clear written findings on a preponderance standard
  • A neutral who can speak to how the investigation was run
  • Scoping that respects how you intend to use the report

The Investigator

Legal training. Management experience. True neutrality.

Rob Gillette practiced employment law on both sides of the table — representing employers, employees, and public entities — and led a multi-site organization of more than 250 employees, where he handled sensitive complaints, investigations, and personnel matters himself. He understands these situations from every seat at the table.

As a licensed Washington attorney, Rob is permitted to conduct workplace investigations without a private-investigator license, and that legal grounding is what makes an investigation hold up. He serves as a true neutral — not the organization's advocate — focused on getting the facts right and documenting them clearly.

  • Licensed Washington attorney — exempt from PI licensure under RCW 18.165.020
  • Employment law experience representing both employers and employees
  • Former CEO who personally handled sensitive complaints and personnel matters
  • A neutral fact-finder — findings, not advocacy
  • Serving employers, counsel, and boards across Washington State
More About Rob

Common Questions

What employers and counsel ask.

Do you need a license to investigate in Washington?
As a licensed Washington attorney, I'm permitted to conduct workplace investigations — Washington exempts attorneys performing their professional duties from private-investigator licensing (RCW 18.165.020). More to the point, legal training in evidence, employment law, and due process is what makes an investigation thorough and defensible.
Who pays for the investigation?
The organization that commissions the investigation pays the fee. Engagements are scoped up front so the cost is predictable. See Fees & Policies for current rates.
Is the investigation confidential?
Investigations are handled discreetly, with information shared on a need-to-know basis, and participants are asked to maintain confidentiality to protect the integrity of the process. The purpose, though, is to produce findings the organization can act on, so the report is provided to the organization. If attorney-client privilege or how the report will be used is a concern, that should be scoped with your counsel at the outset.
Do you decide what happens to the employee?
No. The investigator's job is to find and document the facts — and, where asked, to determine whether a policy was violated. Decisions about discipline or other action stay with the organization and its leadership.
What standard do you apply?
Workplace investigations generally determine whether the alleged conduct more likely than not occurred — a preponderance of the evidence — rather than the higher standards used in criminal cases. Where accounts conflict, that includes a reasoned assessment of credibility.
When should we bring in an outside investigator?
When the complaint is serious, when it involves HR, an executive, or an owner, when a fair internal process isn't realistic, when litigation looks likely, or simply when the organization wants the credibility that only true independence provides.
Will you testify if the matter escalates?
If a complaint later becomes an agency charge or lawsuit, an independent investigator can serve as a witness to how the investigation was conducted and what it found. A neutral, well-documented process is exactly what holds up in that setting.
Can you both investigate and mediate the same matter?
No. Investigating and mediating are different roles, and combining them on the same matter compromises both. For any given engagement I serve as one or the other — and I'm glad to help you think through which one a situation actually calls for.

Get the facts — from someone with no stake in them.

If a complaint needs an independent, defensible investigation, let's scope it properly from the start. The first conversation is confidential and carries no obligation.

Request an Investigation Contact Gillette Mediation

Gillette provides independent workplace-investigation services as a neutral fact-finder and does not represent any party or provide legal advice to participants. Whether a particular engagement is protected by attorney-client privilege or work-product doctrine depends on the circumstances and how the organization structures and uses it; organizations should consult their own counsel. Information on this page is general and not legal advice.