Factors Used To Evaluate The Competency And Effectiveness Of A Workplace Investigation

Juries and others, with the benefit of hindsight, look at several factors in evaluating the adequacy of a workplace investigation. Often times, good plaintiff's lawyers will put the employer's investigation on trial in order to divert attention from their client's conduct. The report card of a good workplace investigation contains passing grades in the following areas:

• evidence of good planning,
• devotion of sufficient skills and resources,
• promptness (but with no rush to judgement),
• thoroughness (all material witnesses were interviewed and documents received),
• fairness and impartiality,
• accuracy,
• minimal intrusion,
• maximum confidentiality, and
• adequate documentation.

Perhaps the most frequent mistake committed by employers faced with a need to conduct a workplace investigation is procrastination. Reasons for such delays include illness or absence of those involved, vacations, holidays, pressing work matters or the hope that if the information or allegations are ignored, they will somehow go away. Employers are urged not to fall victim to any such beliefs.

Conducting a prompt workplace investigation has a number of benefits to the employer. First, it will show that you took the matter seriously. Second, the trail will be fresh and memories will not have faded. Finally, striking while the iron is hot will not give the accused a chance to cover his or her tracks. Bottom line, you will have a better chance of getting straight answers and admissions.

[Note: This article was taken from What Every Business Manager and HR Professional Should Know About Federal Labor and Employment Laws.]

Comments

[Chris F]

Also important is the employer's response to any and all recommendations that the investigation sets forth. Courts and juries will want to know what did the employer do in response to these recommendations and if it did not follow one or more them, why did it not do so. Employers also need to demonstrate the absence of further complaints following the investigation and implementation of the recommendations in the investigation.