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| Management Tools |
| Investigating Employee Misconduct: Some rules of thumb. |
When an employee complains of harassment or misconduct by other employees, the tendency is sometimes to look the other way. Employers who don’t take misconduct complaints seriously place themselves in legal jeopardy.
Our staff includes professionals who are trained to assist you with most investigations. The key is for you to act swiftly. Part of the strategy for protecting your company from a discrimination lawsuit includes an investigation that is prompt, fair, and thorough.
Here’s what you might expect from us:
Promptness
Expect us to move promptly to look into any complaint. Generally, we will want to meet with the employee making the complaint within twenty-four hours of the complaint. It is vital that you notify our office immediately when any employee indicates that they have been harassed or have been the victim of another’s misconduct. We will also want to interview witnesses and follow up on all leads.
Fairness
Our position as a “neutral” third party puts us in a good position to help with employee investigations. Keep in mind that one of our rules of thumb will be to “Believe no one,” even if the complaint involves management or owners at your place of business. All witnesses will be considered “credible,” but we will not give preference to anyone’s testimony simply because of that individual’s position in the company.
Thoroughness
After thoroughly researching any claims and informing all parties involved about the disciplinary action to be taken, part of our responsibility will be to help assure that proper disciplinary procedures are followed. This is important, because an investigation that is not handled carefully may result in a legal claim by the harasser.
Particular caution should be used with:
- Terminations
- Disclosing information about the investigation
- Disciplining other employees involved in the misconduct
Please know that our office is prepared to help. Our goal is to bring any investigation to a prompt, fair close so that you can get back to doing business.
(See, Robert Rice. “Investigating Employee Misconduct” The ProEmp Journal).
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