AI in Workplace Investigations: Useful, but Keep a Human in the Driver's Seat
Generative AI is creeping into internal investigations, and there's real value in using it - as long as HR keeps control. Attorney Leighton Henderson of Liebert Cassidy Whitmore says the tech can speed planning and analysis, but it can't make judgment calls. That's still on the investigator.
Where AI actually helps
Early planning is where AI shines. It can surface potential witnesses, map key issues, and brainstorm interview questions. It can also help you spot blind spots in your plan before you start.
Documentation is another win. Transcription tools can reduce manual notetaking and help assemble timelines for complex cases. Today's models still miss words and context, so treat transcripts as a second set of eyes, not a verbatim record.
Privacy and accuracy: the two big risks
Privacy comes first. Public chatbots are a no-go for sensitive facts, names, or documents. Even with an enterprise license, strip out personally identifiable information and anonymize before upload - and assume data could be discoverable by subpoena.
Accuracy is the other trap. AI can sound confident and still be wrong. In transcripts, it may confuse "uh huh" with "nuh uh," which flips meaning and can warp your fact pattern. Always verify.
Practical setup for HR teams
- Use an enterprise license for any AI tool touching investigations.
- Adopt a redaction protocol: remove names, contact details, and specific identifiers before upload.
- Limit prompts to task-level asks (e.g., "draft neutral interview questions about attendance records"), not case facts.
- Keep a human review loop for every AI output: questions, timelines, summaries, and transcripts.
- Log what was sent to AI and what came back to preserve an audit trail.
Compliance signals from states
Expect more rules. California has moved on automated decision-making and consumer privacy requirements that can touch employment decisions, including demotion, suspension, and termination. New York City and Colorado have also taken action on AI in employment contexts, and more states will follow.
Useful references:
What stays human - always
Do not let AI determine credibility, intent, or ultimate findings. It can't read demeanor, weigh inconsistencies, or tell a red flag from a red herring. Treat it as a tool for groundwork and quality checks - nothing more.
A simple workflow that works
- Scope: Define issues, policies, and evidence needed. Use AI to stress-test your plan for gaps.
- Prepare: Generate neutral, open-ended interview questions. Human edits required.
- Collect: Record or take notes. If you use AI for transcripts, double-check key statements and quotes.
- Analyze: Have AI draft a timeline from de-identified notes, then verify every entry against source material.
- Decide: Investigator reviews facts, assesses credibility, and writes findings. No AI conclusions.
- Document: Keep a clean record of human decisions and any AI assistance used.
Quick guardrails checklist
- Enterprise license in place and approved by Legal/IT
- PII removed before upload
- Human verification on transcripts, timelines, and summaries
- No final decisions or credibility assessments by AI
- Retention, access, and subpoena plans documented
- Regular audits of prompts, outputs, and accuracy rates
Training your team
Investigations blend legal risk, people judgment, and detail work. AI adds speed, but only trained people keep it safe and fair. If your team needs structured upskilling on AI for HR tasks, explore role-based learning tracks here: Complete AI Training - Courses by Job.
Bottom line: Use AI to plan faster and check your work. Keep humans in charge of facts, credibility, and decisions. That's how you get speed without sacrificing integrity.
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