When harassment or other complaints are filed, you need to do an investigation. Here are some tips … and a “must-listen” audio conference … to help do it right.
The note on your desk is handwritten, folded shut, and marked “Confidential.” When you open it, here’s what it says:
My two co-workers are hitting on me every day, and when I tell them to stop, they say they know I secretly like it because of how I dress. It’s gotten to where I don’t even want to come in every morning, much less work. Can you do something???
Sure you can, but what? Reassign the complainant? Fire the alleged harassers? Call them all in for a heart-to-heart? Close your eyes and hope it all goes away? Such are the dilemmas we face today.
In fact, say HR experts, you need to conduct an investigation. Every story has several sides, and you’ve just heard one of them. Now you need to hear the others. But investigations are tricky things. Whatever the truth turns out to be, you could be the one sued in the end.
Recently, Laborandemploymentlawblog.com (LELB) published a set of broad guidelines on conducting workplace investigations. Their views fall in with those of other experts in the field. Let’s summarize some of the points you need to know:
When harassment or other violations are charged, you must investigate. Learn to do it effectively and legally through a special BLR audio conference. Click for details.
–Do Them—Quickly! Don’t hesitate to investigate. In fact, investigations are required, in some states, where safety or sexual harassment is involved. Time elapsed is a factor, so definitely don’t delay. LELB says start your probe within 24 to 48 hours. And if not quickly commenced, document the reason for delay.
–Choose Your Investigator Wisely. You may work with an internal executive or an outside expert, such as an attorney or security expert. Whoever you choose, the person should be neutral in outlook and willing to gather and consider all the evidence and testimony.
–Stay on Track. It’s easy to stray off the main issues and head off on interesting, but irrelevant or even illegal, paths into the private lives of those involved. Start with a plan, and stay with it. Don’t stray beyond areas “required by business necessity,” says LELB.
–Respect Policy. Your investigation should track your existing policies, as expressed in your policy manual, employee handbook, and any employee contracts or agreements.
–Document Everything! LELB recommends against tape recording witness testimony because of the “chilling effect” it may have. Other experts say it’s appropriate in some circumstances. Take detailed notes in any case.
–Take Action. Once the investigation is concluded, the measures you take should be proportional to the findings, but LELB suggests meting out the “maximum reasonable” penalty for wrongdoing. This will send a message to your workforce that you take discrimination, harassment, and other violations seriously.
One fee trains your whole staff, satisfaction assured. Don’t miss this chance to learn the investigative skills you need in today’s litigious world. Read more.
An Investigations Audio Conference
The above gives some broad stroke direction for investigations, but if you believe you’ll ever have to do one (and in today’s world, you very likely will), get a more detailed look —plus answers to your specific phoned-in or e-mailed questions—by attending a special August 16 BLR audio conference, titled Internal Workplace Investigations: How to Properly and Thoroughly Investigate Employee Complaints and Misconduct Without Increasing Your Legal Risks.
The conference will give you the complete picture on such seldom written-about topics as the laws employers most often unknowingly violate during investigations, and the special risks of investigating top executives.
As with all BLR audio conferences, you can train your whole staff for one low fee, and your satisfaction is assured. Click the link below to register or, if you can’t attend, to pre-order the conference CD.
Workplace Investigations Audio Conference
When harassment or other workplace wrongdoing is charged, you must investigate. Don’t get sued for doing it. Learn the procedures to take and precautions to observe from two top experts in this very special audio conference. One low fee trains all. Satisfaction assured. Can’t attend? Pre-order the CD. Click for details.