Yesterday’s Advisor gave guidance about reluctant witnesses. Today, what happens when the police want to be involved. Again, we turn to BLR’s Workplace Investigations: The HR Manager’s Step-by-Step Guide for assistance.
 |
On occasion, you may have to interview someone who has been accused of an act that is a violation of your workplace policy and also a crime. When this occurs, most often you will conduct two entirely separate interviews—one being done by the employer and the other being handled by law enforcement.
On occasion, law enforcement officials may be willing to share their notes with you, but this is rare. They may also ask that you provide your notes to them. If you get this request, you should consult with legal counsel to determine whether you wish to comply in the absence of a subpoena.
Take Special Care When Police Are Involved
Please keep in mind that any time you’re interviewing someone who has also been accused of a crime for having engaged in the same act, you should keep very clear and accurate files. If it’s your normal practice to take handwritten notes and later transcribe those notes, you should make sure that you don’t, under any circumstances, discard your handwritten notes or else you could be accused of tampering with or destroying evidence.
This applies even if it’s your normal practice to transcribe your notes and destroy the originals.
Allegations of harassment? Discrimination? Investigation time? But how many witnesses do you need to talk to? Who do you talk with first? What questions can you ask (and which should you avoid)? Check out Workplace Investigations: The HR Manager’s Step-by-Step Guide.
What if the Police Want to Sit in?
In the rare event that the police wish to sit in on your interview of the accused, you generally don’t have a choice.
However, you may ask law enforcement if they’re willing to let you conduct your own interview, explaining to them that you think you will get more truthful testimony if the police aren’t present. Quite frequently law enforcement is willing to do this as they then get access have two separate statements, one given to the employer and another to law enforcement, that they may compare to look for important inconsistencies.
When you uncover employee wrongdoing or an employee comes to you with a complaint, you have to investigate. But …
- How many witnesses do you need to interview?
- What order do you interview in? (Complainant? Accused? Witnesses?)
- How do you frame your questions?
- What about confidentiality?
You need a guide, and that’s why it makes so much sense to have Workplace Investigations: The HR Manager’s Step-by-Step Guideclose at hand.
Everything you need to get to the bottom of harassment, discrimination, retaliation, and many other claims, all in one easy-to-use reference. Plus, you get a bonus CDloaded with investigation forms, checklists, sample reports, and other documents critical to the execution of a safe and effective investigation.
You’re the CSI—when it comes to harassment or discrimination investigations, you’re the investigator. Not quite sure how to proceed? Check out Workplace Investigations: The HR Manager’s Step-by-Step Guide.
Inside this practical AND comprehensive guide you’ll find:
- Step-by-step instructions that walk you through each phase of the workplace investigation—from taking the complaint to bringing the investigation to a close.
- Advice on how to keep your investigation compliant, so it can stand up in court.
- Proven techniques for deftly managing all the players: the complainant, the accused, witnesses, in-house legal counsel, and senior management.
- Easy-to-follow format explaining the legal aspects of a workplace investigation.
- BONUS: CD, packed with prepared checklists and sample forms you can use during your investigation.
Order now or Get more information.
CD Provides Critical Samples, Documents, Forms, and More
On the CD you’ll find:
- The Definitive Workplace Investigation Checklist
- Sample Complaint Form
- Sample Investigation Plan
- “Jack and Alice”—A Hypothetical Case Study of “He Said, She Said”
- Sample Investigation Report—Pay Inequity Complaint
- Sample Investigation Report—Sexual Harassment Complaint
- Sample Investigation Report—Gender Discrimination
- Complaint
- Quizzes that test your knowledge of the key components of an investigative report
- Sample Letter Informing Accused of a Complaint
- Four Ways to Respond to a Complaining Party at the End of an Investigation
- Sample Letter Informing Accused of Disciplinary Action
- State Law Guide: Disciplining an Employee for an Arrest or Conviction
- State Law Guide: When It’s OK to Investigate an Employee’s Lawful Off-Duty Conduct
Workplace Investigations: The HR Manager’s Step-by-Step Guide plus CD
Order now or Get more information.
Here’s more of what you’ll find in this practical guide:
- Should you investigate at all?
- What are you investigating?
- The danger of failing to investigate.
- Some unexpected benefits of a good investigation.
What about the tricky question of searches?
- Searching desks and offices.
- Can a workplace computer be private?
- Eavesdropping and monitoring calls and e-mails.
- Three broad exceptions to the Electronic Communications Privacy Act.
- Private employers: Is accessing e-mail an invasion of privacy?
- Public employers: Is accessing e-mail a constitutional violation?
Workplace Investigations: The HR Manager’s Step-by-Step Guide plus CD-ROM
Order now or Get more information.
How to execute a fair and effective investigation that will stand up to court scrutiny:
- Who should investigate?
- A prompt and thorough investigation.
- Tactical considerations: Immediate interim measures.
- Making an investigation plan.
- Taking notes, recording, or taping interviews.
- Witness interviews—general considerations.
- Sexual harassment investigations—special considerations.
- Disparate treatment and disparate impact.
- Special considerations—retaliation cases.
- Union settings: Labor law and Weingarten rights.
Workplace Investigations: The HR Manager’s Step-by-Step Guide plus CD