Issues Employers Should Consider When Conducting a Workplace Investigation

Once the need for a workplace investigation has been identified and the investigator has been selected, the next step the employer should take is to prepare an Investigation Plan. When developing such a plan, here are a few issues that employers should be aware of and consider including in their plan.

1. When interviewing the accused, give the accused an opportunity for rebuttal of the allegations presented. The investigator should also ask the accused for any reasons they believe the complaining party would have to lie. Advise him or her of the possibility of discipline, but also give assurance that no conclusions will be reached until the investigation has been completed.
2. If the accused is represented by a union, be sure to follow the union contract and any special rules that may apply.
3. When interviewing the witnesses, give some thought as to the location of the interviews and the timing. Review witness personnel files and other relevant documentation (i.e. emails, production records, reports, timesheets, expens reimbursement records, telephone records, etc.), and beware of possible underlying motives and biases.
4. Establish a secure system of organizing and maintaining files and records.
5. When determining appropriate remedial action, ask yourself these questions. Do you have the whole story? Do the facts stand up? Was the investigation thorough? Was there a violation of the employer's policy? Was the conduct criminal? Does the punishment fit the crime?
6. When the investigation is completed, communicate the results to the appropriate persons. This should include follow-up with the victim, reporting any criminal conduct to the authorities, and following-up with witnesses, if appropriate.

This blog has written some other posts regarding workplace investigations that you may wish to read. Here are the titles and links.

Workplace Investigations - Who Should Conduct The Investigation?

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

Conducting A Proper Workplace Investigation - 13 Factors To Consider

Comments

[labor lawyer manila]

Very informative. I've learned much.

[Law Firm Manila]

Thanks for these guidelines. It can help many people to be prepared in some ways if they can come up with these situations. Just absorbed all the information and be prepared.