Forensic Discovery
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Build the digital record behind a workplace concern

An employee misconduct investigation can turn on a disputed message, an expense record, or a change to a document. Forensic Discovery preserves and examines available digital records so HR and employment counsel can evaluate what supports an allegation, what contradicts it, and what remains unresolved.

We work with law firms and businesses on the technical side of internal investigations. Our digital forensics services connect communications, account activity, device artifacts, and document history to the questions your team needs answered.

A record associated with an account is not automatically proof of who acted or why. We explain those limits alongside the findings. HR and counsel direct the broader workplace investigation, conduct interviews, and make employment or legal decisions.

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Digital records for workplace allegations

Harassment, discrimination, and retaliation complaints

A partial screenshot may leave out the surrounding conversation. We examine available email, chat, or text records for sequence, participants, attachments, and context relevant to the complaint. The technical review can identify consistency or discrepancies across sources; it does not decide whether conduct meets a legal definition or establish that a message reflects the complete exchange.

Expense, payroll, and internal fraud concerns

Expense reports, receipts, timesheets, payroll change records, and related communications can help compare a claimed event with the available system history. We look for discrepancies and alternative explanations within the agreed scope, including records relevant to suspected embezzlement or vendor kickbacks. HR, internal audit, financial specialists, and counsel evaluate the broader allegations and any financial conclusions.

Misuse of company systems and policy concerns

Available workstation activity, browser records, access logs, and communications may help investigate a side business, an undisclosed conflict, inappropriate system use, or access to a coworker’s account. We compare the technical record with the question defined by HR or counsel. Account sharing, automation, missing logs, and policy context may affect interpretation. Unauthorized access or suspicious activity on a workstation may also be relevant to the agreed workplace question.

Related investigations

Discuss the digital record

When to bring digital forensics into a workplace investigation

The employee disputes the account of events

When someone denies sending a message or making a change, start with a specific question and the available sources. Comparing message context, access records, document versions, and timing may support or challenge the account. A login alone does not establish authorship. We identify where corroboration is available and where shared credentials, incomplete records, or other explanations prevent a firm conclusion.

The matter may lead to litigation or an agency charge

Employment counsel may need a documented technical record for a complaint, arbitration, or lawsuit. We coordinate the collection scope and reporting needs with counsel, who determines legal preservation obligations and instructions. For a hold or collection program spanning multiple custodians and systems, see data preservation and collection. Investigation data may also support a separately scoped eDiscovery workflow.

The internal team needs specialist analysis

HR and IT often know the people, policies, and systems best. Forensic support adds focused examination, source documentation, and a review of competing technical explanations. Existing exports and prior review steps can be useful inputs. Tell us what has already been opened, collected, or changed so we can assess its effect rather than assume the record has been lost or compromised.

Access to investigation records needs careful coordination

Agree on authorized contacts, permitted sources, transfer methods, and handling of sensitive or potentially privileged material before collection. Remote collection may be an option for supported sources and access arrangements. We coordinate with counsel when privilege or work product may matter, but counsel direction does not by itself guarantee either protection. Collection can have operational effects that should be discussed in advance.

Evidence sources and the questions they can answer

Availability depends on retention, configuration, permissions, device state, and collection scope.

SourceAvailable recordQuestion
Company emailMessage content, headers, threads, attachments, and available mailbox recordsWhat was communicated, to which recorded recipients, and in what sequence?
Chat and collaboration platformsAvailable conversations, membership context, edits, and related filesDoes a screenshot match the retained conversation?
Text messages and company phonesAvailable messages, attachments, and device or backup artifactsWhat relevant exchange remains available from the scoped source?
Workstations and laptopsAvailable application, browser, file, and user activity artifactsIs recorded activity consistent with the reported event?
Cloud audit logsRecorded account events within available retention and permissionsWhich account event was logged, and what can be corroborated?
Expense, timesheet, and HR systemsExports, change records, approvals, and supporting documentsDo the available entries and changes align with the stated history?
Documents and PDFsMetadata, versions, embedded content, and redaction indicatorsWhat changes or inconsistencies can be assessed from the available file?

Related source examinations

Computer forensics covers the workstation examination; mobile device forensics addresses phone sources; cloud forensics covers supported Microsoft 365 and Google Workspace account records.

Authority for personal sources

Personal devices, personal webmail, and bring your own device (BYOD) arrangements require a separate authority and scope assessment. Our BYOD privacy discussion introduces those considerations.

How our employee misconduct investigation process works

  1. Define the question and authority. HR or counsel identifies the allegation, relevant people, systems, dates, and decision needs. Counsel addresses authority, policy, consent, privacy, and legal scope before access. When privilege may matter, counsel directs the engagement and determines the handling protocol.
  2. Preserve the agreed sources. We document collection methods, source identifiers, exceptions, and chain of custody. Hash comparisons can support integrity of specified collected objects; they do not establish collection completeness. Collection for a litigation production can be separately scoped through forensically sound email collection.
  3. Examine the relevant record. We apply targeted searches, communications review, timeline analysis, and comparisons across sources as appropriate. We document search boundaries, inconsistent results, and plausible alternative explanations.
  4. Review findings and gaps. HR and counsel receive an explanation of observations, interpretations, and unresolved questions. The digital record can inform interviews they conduct; Forensic Discovery does not conduct investigative witness interviews.
  5. Prepare a written report. Findings and exhibits connect the technical record to the agreed questions. The report identifies sources, methods, limitations, and the basis for material interpretations.
  6. Support further proceedings when scoped. Declaration, deposition, hearing, or arbitration support can be discussed if the matter proceeds. Expert opinions remain subject to the applicable process and review.

Reports, declarations, and testimony

A workplace investigation report should let HR and counsel trace a finding to its source and understand its limits. Depending on scope, deliverables can include an event chronology, relevant communications and document exhibits, collection records, and an explanation of unresolved discrepancies. Declarations, affidavits, and testimony are available through separately scoped expert witness and testimony services. The decision maker determines the weight of the evidence.

Discuss your workplace evidence questions

Why work with Forensic Discovery?

Forensic Discovery brings digital examination and discovery support into the same engagement. For an HR team, that means a technical record organized around the workplace question, with observations separated from interpretation. For counsel, it means methods, source references, and limitations that can be evaluated and discussed. We focus the engagement on relevant sources and explain material gaps rather than treating a search result as a complete account of events.

Who we work with

We work with HR leaders, internal legal teams and employment counsel, compliance, internal audit, and business owners. Forensic Discovery works with law firms and businesses only and does not accept direct individual consumer matters. If a law firm represents an employee or another individual, the firm may contact us about the matter. See our offices and service locations for location information.

Scoping and pricing

Ask for a written scope and estimate before work begins. The estimate depends on custodians, accounts, devices, date range, messaging sources, available exports, deadlines, reporting needs, and anticipated testimony. A focused first phase may answer a defined question; additional sources or newly identified issues can require an agreed scope change. Tell us about access restrictions and prior collection work so the estimate reflects the actual starting point.

Employee misconduct investigation FAQs

What does a digital forensics team do in an employee misconduct investigation?

We preserve and examine the available digital record within an agreed scope, then explain findings and limitations to HR and counsel. That can include communications, activity timelines, and document history. HR and counsel run the broader investigation, conduct interviews, and decide what action to take. Our employee investigation best practices discussion provides additional context for coordinating the technical work.

Can you recover deleted emails, chat messages, or texts?

Sometimes relevant material remains in a retained account, another participant’s records, a device, or a backup. Recovery depends on the source, retention settings, deletion behavior, encryption, device state, and access authority. Some material may be unavailable or only partially recoverable. We explain which sources were examined and what could not be obtained. A search that finds no message does not establish that no communication occurred.

Can an investigation include an employee’s personal phone or laptop?

Access must have an appropriate basis and a defined scope. Company ownership of data, possession of a password, or a BYOD policy alone does not settle authority to examine a personal device or account. Counsel should assess the circumstances, applicable law, consent, and policy. Where authorized and technically feasible, targeted collection can limit the data obtained. Personal and potentially privileged material needs an agreed handling protocol.

How do you handle sensitive workplace investigation information?

We agree on contacts, source access, transfer arrangements, and the handling of sensitive material during scoping. Discuss who needs access to findings and whether potentially privileged or unrelated personal records may be encountered. Remote or scheduled collection options depend on the source and operational constraints. No investigation should assume absolute confidentiality, zero disruption, or automatic privilege; counsel determines the legal protection and disclosure questions.

Should HR or IT look at the employee’s computer first?

Coordinate a preservation plan with counsel, IT, and the examiner before unnecessary browsing, changes, or new collection steps. Ordinary use can alter some artifacts, but the effect depends on the source and activity. Tell us what has already happened, including exports, account changes, or attempted review. Existing IT work may remain useful. Necessary security and business actions should be coordinated and documented rather than delayed under a universal handling rule.

Can you tell whether a document, timesheet, or PDF was altered?

Available versions, application records, metadata, and file structure can support an examination of a suspected change. They may also reveal ordinary export, scanning, or save behavior that explains an apparent inconsistency. A timestamp alone does not establish backdating or who made a change, and not every PDF retains earlier content. We compare available sources and explain the supported conclusion, its limits, and any gaps that require further evidence.

How long does an employee misconduct investigation take?

Timing depends on how quickly authorized sources can be accessed, the number of people and systems, data volume, retention risks, and the questions to answer. A focused message dispute differs from a review involving multiple custodians of payroll and communications records. Describe any hearing, response, or business deadline at the initial consultation. We can discuss phased priorities and a proposed schedule after assessing access and scope; recovery or completion by a particular date is not guaranteed.

How much does the technical investigation cost?

The estimate reflects the collection and analysis needed for the workplace question, including accounts, devices, messaging platforms, date ranges, and available system records. Reporting, urgent scheduling, and anticipated testimony can affect scope. Confirm the proposed scope and pricing before starting. If new information calls for a broader review, we discuss the proposed change so your team can decide how to proceed.

Will the findings hold up in a lawsuit or agency charge?

Documented methods, chain of custody, source references, and a clear account of limitations help counsel evaluate and explain the findings. They do not guarantee admissibility, privilege, completeness, or a particular outcome. Counsel determines the legal strategy and applicable requirements; the court, agency, arbitrator, or other decision maker determines acceptance and weight. Tell us about the expected proceeding so collection and reporting can be scoped accordingly.

Do you provide expert testimony in employment litigation or arbitration?

We can discuss expert reports, declarations, affidavits, depositions, and hearing testimony where appropriate to the engagement and the examiner’s expertise. The work should explain the technical basis for conclusions and distinguish observations from inference. Testimony does not decide whether misconduct occurred as a legal or employment matter. See expert witness and testimony support and identify the forum and schedule during scoping.

Schedule a Free Consultation

Schedule a free consultation about the digital side of an employee misconduct investigation. HR or counsel can describe the question, systems involved, and deadline. Use this form for a general inquiry; arrange an appropriate transfer method before providing sensitive employee records.

(866) 458-4993

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