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By Rosanna Nadeau, SPHR
Originally published by HR C-Suite
www.hrcsuite.com
Workplace Investigations
Workplace conflict is inevitable.
But when conflict is well managed it can save a
business costs on lost productivity, lost talent,
litigation, and regulatory challenges.
One of the keys to achieving this is conducting
effective workplace investigations.
What Triggers an Investigation
Not limited to:
™  Employee complaint of harassment or bullying
™  Employee complaint of retaliation
™  Reports of misconduct (i.e. theft, conflicts of interest)
™  Workplace violence or threats of violence
™  Safety concerns
10 Key Components to an
Investigation
1. Set the stage
™ Inform your leadership and that of the complainant and
accused.
™ Select discreet meeting locations for the interviews.
™ Provide water and tissues if necessary.
10 Key Components to a
Workplace Investigation
2. Review these ground rules
™  Be empathic but objective. Don’t take sides.
™  Explain the matter will be kept confidential but some
details will be shared with those have the need to know
to resolve the issue.
™  Focus the investigation on what happened. No
conclusions yet.
™  Ask open ended and thorough questions. Ask follow up
questions to gain clarity.
™  Ask if there are witnesses.
™  Ask the complainant what they think should happen to
resolve the issue.
10 Key Components to a
Workplace Investigation
3. Complete documentation during the interview meeting
™  Before the interviewees leave your office have them write,
sign and date their statements.
™  Provide a comfortable atmosphere for the interviewees to
write their statements
™  If the statement is given by phone read back the statement
to ensure accuracy.
™  Keep the statements confidential.
10 Key Components to a
Workplace Investigation
4. Provide interim protection if appropriate
™  Depending on the situation you may wish to separate
the complainant and accused to ensure there are no
retaliation attempts.
™  Send the accused home on administrative leave
pending investigation.
™  Do not involuntarily transfer the complainant.
10 Key Components to a
Workplace Investigation
5. After accepting the complainant’s statement, contact
and arrange to meet promptly with the accused.
™  Don’t inform the employees why you are meeting with
them until you are in your meetings.
™  You can let them know you’d like to meeting with
them to obtain some confidential information you
need.
10 Key Components to a
Workplace Investigation
6. Prepare the investigation plan.
™  List witnesses identified by the complainant and accused.
™  Only interview those names mentioned. Going further
than necessary can be disruptive.
™  Be objective. If you can’t be, find someone else to conduct
the investigation.
™  Be patient, calm, have skills to build rapport and to be
perceived as fair.
™  Determine if it makes sense to have a neutral observer
present to also take notes.
™  If a violent response is anticipated, have security close by
in a discreet location.
10 Key Components to a
Workplace Investigation
7. Interview each person individually, not in pairs or
groups.
™  Allow time between each interview meeting to type up
your notes while they are fresh in your mind.
™  Remember to obtain written statements from each
individual interviewed.
10 Key Components to a
Workplace Investigation
8. Decide.
™  Analyze statements, your notes and other factual
information available.
™  Determine what happened
™  Evaluate company policies
10 Key Components to a
Workplace Investigation
9. Close out investigation.
™  Conduct separate close out meetings with complainant
and accused.
™  Provide both with a close out memo and a copy of the
policy.
™  Keep disciplinary actions taken confidential even from
the complainant.
™  Handle questions and thank them.
10 Key Components to a
Workplace Investigation
10. Follow up.
™  Document closure decisions, approvals, results of close
out meetings
Short on time but still need to deliver
results?
Access our Workplace Investigation Timesaver Kit TM
The Kit Gives You:
™  Template: Statement By Reporting Participant (Editable)
™  Template: Investigation Confidentiality Agreement (Editable)
™  Template: Statement by Witness (Editable)
™  Template: Investigatory Leave Notice (Editable)
™  Template: Investigation Close-Out (Editable)
Buy now and have these templates delivered to your email in-
box instantly!
Go to:
http://www.hrcsuite.com/product/investigation-timesaver-kit/

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10 Key Components to a Workplace investigation

  • 1. By Rosanna Nadeau, SPHR Originally published by HR C-Suite www.hrcsuite.com
  • 2. Workplace Investigations Workplace conflict is inevitable. But when conflict is well managed it can save a business costs on lost productivity, lost talent, litigation, and regulatory challenges. One of the keys to achieving this is conducting effective workplace investigations.
  • 3. What Triggers an Investigation Not limited to: ™  Employee complaint of harassment or bullying ™  Employee complaint of retaliation ™  Reports of misconduct (i.e. theft, conflicts of interest) ™  Workplace violence or threats of violence ™  Safety concerns
  • 4. 10 Key Components to an Investigation 1. Set the stage ™ Inform your leadership and that of the complainant and accused. ™ Select discreet meeting locations for the interviews. ™ Provide water and tissues if necessary.
  • 5. 10 Key Components to a Workplace Investigation 2. Review these ground rules ™  Be empathic but objective. Don’t take sides. ™  Explain the matter will be kept confidential but some details will be shared with those have the need to know to resolve the issue. ™  Focus the investigation on what happened. No conclusions yet. ™  Ask open ended and thorough questions. Ask follow up questions to gain clarity. ™  Ask if there are witnesses. ™  Ask the complainant what they think should happen to resolve the issue.
  • 6. 10 Key Components to a Workplace Investigation 3. Complete documentation during the interview meeting ™  Before the interviewees leave your office have them write, sign and date their statements. ™  Provide a comfortable atmosphere for the interviewees to write their statements ™  If the statement is given by phone read back the statement to ensure accuracy. ™  Keep the statements confidential.
  • 7. 10 Key Components to a Workplace Investigation 4. Provide interim protection if appropriate ™  Depending on the situation you may wish to separate the complainant and accused to ensure there are no retaliation attempts. ™  Send the accused home on administrative leave pending investigation. ™  Do not involuntarily transfer the complainant.
  • 8. 10 Key Components to a Workplace Investigation 5. After accepting the complainant’s statement, contact and arrange to meet promptly with the accused. ™  Don’t inform the employees why you are meeting with them until you are in your meetings. ™  You can let them know you’d like to meeting with them to obtain some confidential information you need.
  • 9. 10 Key Components to a Workplace Investigation 6. Prepare the investigation plan. ™  List witnesses identified by the complainant and accused. ™  Only interview those names mentioned. Going further than necessary can be disruptive. ™  Be objective. If you can’t be, find someone else to conduct the investigation. ™  Be patient, calm, have skills to build rapport and to be perceived as fair. ™  Determine if it makes sense to have a neutral observer present to also take notes. ™  If a violent response is anticipated, have security close by in a discreet location.
  • 10. 10 Key Components to a Workplace Investigation 7. Interview each person individually, not in pairs or groups. ™  Allow time between each interview meeting to type up your notes while they are fresh in your mind. ™  Remember to obtain written statements from each individual interviewed.
  • 11. 10 Key Components to a Workplace Investigation 8. Decide. ™  Analyze statements, your notes and other factual information available. ™  Determine what happened ™  Evaluate company policies
  • 12. 10 Key Components to a Workplace Investigation 9. Close out investigation. ™  Conduct separate close out meetings with complainant and accused. ™  Provide both with a close out memo and a copy of the policy. ™  Keep disciplinary actions taken confidential even from the complainant. ™  Handle questions and thank them.
  • 13. 10 Key Components to a Workplace Investigation 10. Follow up. ™  Document closure decisions, approvals, results of close out meetings
  • 14. Short on time but still need to deliver results? Access our Workplace Investigation Timesaver Kit TM The Kit Gives You: ™  Template: Statement By Reporting Participant (Editable) ™  Template: Investigation Confidentiality Agreement (Editable) ™  Template: Statement by Witness (Editable) ™  Template: Investigatory Leave Notice (Editable) ™  Template: Investigation Close-Out (Editable) Buy now and have these templates delivered to your email in- box instantly! Go to: http://www.hrcsuite.com/product/investigation-timesaver-kit/