HR Management & Compliance

Investigating an Employee’s Formal Complaint

When an employee initiates a complaint to HR of unfair treatment or sexual harassment, the best thing to do is to move immediately to start an investigation.

Choose an objective, outside investigator, attorney, or HR professional to conduct the investigation. Prepare a summary statement of the complaint that the interviewee agrees with and signs. Interview the complaining party first, then witnesses, and finally, the accused party. Reassure everyone involved that there will be no adverse effects for helping with the investigation.

Review any documentation available, such as e-mail. Recheck statements and information to be sure it is accurate. Make a decision about whether the complaint is justified, be prepared to explain why, and give written documents to all parties documenting your decision.

If you do find that sexual harassment or some type of retaliatory behavior was going on, some disciplinary action needs to be taken against the person who was accused. Termination is not necessarily mandated, but a solution such as transferring the accused out of the department or chain of command may suffice. If the situation is serious enough to warrant it, then termination may be the solution.

Even if you find that it wasn’t likely that any sexual harassment occurred, all parties should sign a new copy of the company’s sexual harassment policy to remind everyone that the company takes these issues seriously. You should also put in writing that the company doesn’t tolerate any form of retaliation and any complaints about retaliation should be brought to your attention.

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