When Your Investigation Gets Investigated

Unmuted Podcast | Episode #89

Topic: The $200,000 Employee You Already Have

Guest: Samantha Carter - Founder at trACT Software

⁠Host: Jeff Waldman – Founder & HR Tech Evangelist at ScaleHR & SocialHRCamp

Workplace investigations are only as strong as the process behind them. In this episode, Jeff Waldman and Samantha Carter unpack what “defensible” really means, why documentation matters months or even years later, and how jurisdiction, neutrality, and procedural fairness shape every step. It’s a practical conversation for HR leaders, investigators, and business owners who need to handle sensitive complaints in a way that can stand up to scrutiny.

Key topics:

• In this episode, Jeff Waldman introduces the episode’s core idea - when an investigation gets questioned later, the process matters more than simply saying the outcome was fair.
• Samantha Carter explains that defensibility does not mean the outcome was “right” - it means the investigator can show clear, logical, well-documented decision-making from intake through final report.
• Samantha shares how her first investigation, early in her HR career, reflected an older mindset of trying to get people to confess - and how her approach evolved into one centred on neutrality and procedural fairness.
• We discuss why small and mid sized organizations often struggle with investigations because they are not doing them every day, may not have a repeatable process, and can end up doubting whether their file will hold up later.
• Samantha explains why documentation gaps are one of the biggest risks - especially decisions about which witnesses to interview, which allegations to pursue, and why certain people were excluded.
• We discuss jurisdictional differences, including how some provinces in Canada are more prescriptive than others and how Ontario’s workplace investigation expectations focus on thoroughness, neutrality, training, and appropriateness in the circumstances.
• Samantha notes that scrutiny is increasing, including through AI-enabled review and later challenges from complainants or respondents that can trigger additional complaints or retaliation claims.
• Jeff shares a practical habit from early in his career - writing summary notes immediately after meetings or interviews so the file still makes sense years later.
• Samantha outlines what organizations should do differently now: set clear expectations at the start, explain the investigator’s role, remain consistent across parties, and give respondents enough detail to respond meaningfully.
• We discuss the importance of going back to witnesses when new contradictory information emerges, even if that slows the process down, because procedural fairness depends on giving people a chance to respond.
• Samantha closes with the key lesson: thorough planning at the outset determines whether the process, if not necessarily the outcome, will be defensible.
• Procedural fairness - giving each party a meaningful chance to understand and respond to the allegations
• Neutrality - approaching the investigation without pre-deciding the outcome
• Defensibility - being able to show clear, fact-based reasoning for each decision
• Threshold assessment - deciding early whether the allegation requires a formal investigation

Timestamps

00:00 - Setting up the conversation on defensible workplace investigations
00:58 - Why the process matters more than the final outcome
03:32 - Samantha Carter’s background and first investigation
06:28 - Why internal HR teams struggle with investigations
08:38 - What “defensible” means in practice
11:07 - Why jurisdiction changes the rules
15:48 - Common process and documentation mistakes
20:03 - What regulators expect to see in a file
24:33 - How to make investigations more consistent and transparent
27:30 - Why follow-up questions matter for procedural fairness
30:40 - The one thing every investigator should remember
31:31 - Closing thoughts and trACT Software update

About Samantha Carter

Samantha Carter is the Founder of trACT Software and HR TrAction, bringing more than 20 years of human resources experience specializing in workplace investigations, compliance, and people-first leadership.

A Certified Human Resources Leader (CHRL), Certified Information Privacy Professional (CIPP/C), and licensed Private Investigator (PI), Samantha has managed investigations across organizations of all sizes and industries.

Her experience exposed a recurring challenge: inconsistent investigation processes, fragmented documentation, and growing compliance risks. She founded trACT Software to help HR professionals and investigators manage workplace investigations with greater consistency, confidence, and defensibility.

Connect with Samantha:

LinkedIn: https://www.linkedin.com/in/samanthacarterchrl/

Visit trACT Software: https://www.tractsoftware.ca/

About trACT Software's Public Beta

Workplace investigations are complex, sensitive, and often difficult to manage consistently. From documenting evidence and conducting interviews to maintaining procedural fairness and preparing defensible reports, every step matters.

trACT Software is a workplace investigation case management platform designed to help HR professionals and investigators bring greater structure, consistency, and confidence to the investigation process.

The platform helps organizations centralize evidence, manage interviews, streamline investigation administration, and maintain audit-ready documentation—reducing reliance on scattered spreadsheets, files, and manual processes.

trACT Software is inviting organizations and workplace investigation professionals to apply for its beta program. This is an opportunity to explore a more structured approach to managing investigations and determine whether the platform is a good fit for your needs.

Whether you're an HR practitioner, workplace investigator, or organizational leader responsible for managing sensitive complaints, trACT is designed to help make investigations more organized, consistent, and defensible.

Interested in joining the beta? Apply for a beta spot by clicking HERE.

About ScaleHR

The Unmuted Podcast is powered by ScaleHR (goscalehr.com), helping emerging HR, Recruitment, and Work Tech companies accelerate brand awareness and lead generation through Catalyst, our community-driven content and omnichannel marketing solution.

Unmuted is also part of the WRKdefined podcast network, making it easy to listen or watch on your preferred platform, including Spotify, Apple Podcasts, and more.

🌐 Explore Unmuted: ⁠click here⁠ 🎧 Find Unmuted on WRKdefined: ⁠click here⁠

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