Should ECP Investigations Reach Legal Conclusions?

Should Employee Concerns Program (ECP) investigations reach legal conclusions when the allegation(s) investigated includes potential statutory or regulatory violations? This question was debated during our most recent conference in Annapolis, Maryland. We heard that some ECP Investigators do reach legal conclusions in their investigation reports, while others avoid making them. Based on the high level of interest in this topic, it seems worthy of expanded discussion. This article will discuss why ECP Investigators may want to reach legal conclusions, what types of factual conclusions should be included in an investigation report, reasons why legal conclusions are often avoided in investigation reports, and how ECP and Legal should partner in ECP investigations so that they are aligned in their conclusions, thus avoiding situations where ECP is directed to change a conclusion.