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 ...
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