The Employee Already Filed a Legal Complaint. Is It Too Late for an Investigation?

When an employee escalates a complaint by filing a formal legal or regulatory charge—such as with the EEOC—it’s not too late to initiate an internal investigation. In fact, prompt action at this stage can significantly narrow the scope of allegations, support more efficient resolution, and reduce overall risk.

Here’s why:

1. It Enables Faster Resolution — Including Mediation

According to the EEOC, once a charge is filed, mediation or another form of Alternative Dispute Resolution (ADR) often succeeds within three months on average, compared to approximately ten months for a full investigation.[1] Engaging in an internal investigation can provide your organization with defensible, factual findings to bring to mediation, consequently accelerating resolution and reducing costs.

2. It Helps Clarify and Narrow Allegations

Once a complaint is officially filed, every detail matters. A structured, documented internal investigation, whether launched by HR or an external neutral party, serves to:

• Map out specific facts and timelines

• Identify key witnesses and corroborating evidence

• Pinpoint areas lacking sufficient support

This clarity can be critical during negotiations, enabling you to differentiate between well-substantiated claims and more speculative allegations—ultimately supporting a more focused and favorable settlement.

3. It Demonstrates Good Faith and Risk Mitigation

Agencies like the EEOC and DOL view proactive internal investigations as evidence of good faith: “investigations are vital for organizations because they provide proof that a workplace is taking all allegations seriously.”[2] The U.S. Department of Justice encourages companies to self-report and investigate promptly. These strategies may reduce liability or penalties.[3] For employers, this signal of proactive responsiveness can:

• Reduce agency penalties

• Provide leverage in settlement discussions

• Mitigate reputational and operational damage

Final Takeaway

Once a legal complaint is filed, it's natural to think it’s too late for meaningful internal effort, but that’s exactly the time to act. Even after a complaint is officially lodged, you can and should act decisively to:

• Begin internal investigation immediately (ideally within days)

• Gather documentation and interview witnesses, focusing on relevant events leading up to and including the date of complaint

• Use findings to inform your position statement, explore early mediation, or draft a tailored settlement strategy

These steps help bring clarity, demonstrate diligence, and often hasten resolution. A prompt, objective internal investigation can narrow allegations, support mediation, and signal good-faith risk management.

If your organization is facing an escalated employee complaint, Sonder Strategy Group stands ready to help you navigate the investigation and resolution process swiftly, strategically, and discreetly.