Be careful how you investigate employee wrongdoing, warn labor experts, or you could be setting the company up for a lawsuit for defamation or invasion of privacy. Follow these 4 steps to avoid potential litigation:
1.) Have a written policy that specifically states the type of unacceptable employee behavior in the workplace and that your company will investigate claims of improper conduct.
2.) Don’t guarantee you will keep all information confidential because you can’t always do that.
Not all misbehavior should result in reprimand or termination. Other less formal punishments can sometimes be used.
3.) Don’t discuss ongoing investigations.
4.) Finally, avoid using labels when describing misbehavior. Instead stick to facts. For example, don’t call someone a drug addict. Instead, mention that he or she was observed under the influence on a certain date at work.
These 4 steps can go a long way toward protecting yourself from a lawsuit. For more on creating HR policies that will hold up in court, read our free report here.