ABSTRACT
I. Jurisdiction over Workplace Investigations Traditional private sector fact-finders conduct investigations for their employers or contract for a fee to conduct investigations for others. The types of investigations conducted and the legal constraints upon private sector fact-finders are often different from those of public sector investigators acting with police powers. Whereas public sector investigators are primarily concerned with violations of criminal codes, private sector investigators conduct a wider variety of workplace investigations, including internal, administrative, civil, and criminal investigations. These investigations fall under the jurisdictions of various federal and state courts and agencies, and there are a variety of evidentiary tests used in these different proceedings to determine the reasonableness of the investigative processes, the merits of the information gathered, and the justifications for adverse actions taken against employees based upon the investigative outcomes.
