Conducting A Proper Workplace Investigation - 13 Factors To Consider

Employers are often faced with the very difficult task of determining what actually occurred when one or more employees engage in possible workplace misconduct. While conducting workplace investigations is not a core activity for most employers, today's decision makers, for many reasons including media exposure to sophisticated investigation techniques, expect a competent, thorough and unbiased investigation.

There are inherent competing interests whenever a workplace investigation occurs. There is a need to obtain the necessary factual information in order to verify or dismiss the allegations. The competing interest is protecting and respecting employee privacy and other rights. There is a need for a thorough examination of the facts and circumstances and a competing need for immediate action and avoidance of a determination that the conduct has been condoned. There is the need for appropriate corrective or remedial action. This need raises just cause and due process concerns.

Achieving the objectives of an investigation and avoiding additional liability requires careful planning and skillful execution of the plan. To help you in developing such a plan, the following 13 characteristics of a proper workplace investigation offer some factors you should consider.

1. Selection of an appropriate investigator
2. Promptness
3. Open-mindedness
4. Protection of participants from retaliation or reprisals
5. Progression from open-ended questions to covering all of the specifics
6. Thoroughness (all parties and potential witnesses are interviewed and all relevent work records an other documents are reviewed)
7. Accuracy
8. Minimal intrusiveness
9. Maximum confidentiality
10. Follow-up with the complainant
11. Documentation (keeping in mind the possibility of discovery in a future lawsuit)
12. A conclusion
13. Remedial action if appropriate

If you're interested in reading more about conducting proper workplace investigations, virginialaborlaw.com has a rather lengthy article on the subject, but contains a lot of useful information.

Comments

[Michelle]

Thank you for posting this article.

[Jonathan Paul]

Thanks a lot for such a nice and informative blogging . I appreciate it .