When conducting a workplace investigation, it is crucial to follow certain steps to ensure fairness and accuracy. Because employer lawsuits can be costly and employees may be actively seeking to attach or manufacture some form of liability to their employer it is important that the workplace investigation is handled properly and with great care.
Tips for Conducting an Effective Workplace Investigation
Below are some tips to keep in mind when conducting a workplace investigation.1) Gather Information
Collect all relevant documents and evidence. Interview witnesses and involved parties.
2) Maintain Confidentiality
Keep information confidential to protect all parties involved. Only share information on a need-to-know basis.3) Remain Impartial
Approach the investigation with an open mind. Avoid bias and preconceived notions.
4) Document Everything
Usually, employers will want to keep detailed notes of all conversations and findings, including recording dates, times, and individuals involved. There are times, however, when an employer may want to conduct a workplace investigation and not memorialize the findings into a discoverable document. Remember, documentation regarding a workplace investigation may be discoverable later.
5) Communicate Clearly
Keep all parties informed of the investigation progress. Provide updates on timelines and next steps.
Key Elements of a Workplace Investigation
A workplace investigation should be thorough, impartial, and timely.
1) Thoroughness
Workplace lawsuits can be costly. To reduce the chance of a costly lawsuit ensuing, it is best to ensure all relevant information is gathered. Consider all perspectives and evidence.
2) Impartiality
Treat all parties fairly and without bias. If an employee is alleging wrongdoing from a C Suite executive, the company may wish to consider hiring an independent third party attorney to conduct the workplace investigation instead of in-house counsel to avoid potential allegations later that the investigation was unfair due to coercive tactics by C Suite executives. Base decisions on facts, not assumptions because an employer’s response may be scrutinized later by the EEOC, DOJ, judge, and/or jury.
3) Timeliness
Employers have duty to conduct a prompt investigation after they receive a complaint or notice of a workplace issue. Conduct the investigation promptly to prevent further issues. Adhere to deadlines and communicate timelines.
By following these guidelines, conducting a workplace investigation can be a fair and effective process. For more information on conducting an effective and efficient workplace investigation, contact Tien Law Firm to learn more.