Dos and Don'ts of Workplace Investigations

Irvine | Bidgoli, P.C. Workplace Investigation Law Firm

Common Mistakes to Avoid in Conducting Workplace Investigations

Employers often make several missteps that can undermine an investigation's effectiveness and leave the company vulnerable:

• Ignoring or Brushing Off Complaints: Never dismiss a complaint, even if it seems minor or if the employee has reported multiple concerns. Each complaint must be taken seriously and investigated.

• Delaying the Investigation: Delays can make the complainant feel their concerns aren't being taken seriously, leading to restlessness and further issues.

• Lack of Planning: Failing to plan for an investigation often results in an unorganized and incomplete process.

• Losing Objectivity: A biased investigator can lead to a flawed result. It's crucial to avoid making assumptions about anyone involved and to approach the investigation without preconceived notions. Typically an employee and his/her attorney see employees of a company as being biased and don't give their investigation results much weight. That's why a neutral outside attorney can be the independent investigator on whom all parties could rely.

  Irvine | Bidgoli, P.C. Workplace Investigation attorneys conduct neutral and unbiased workplace investigations for California employers of all sizes.

• Poor Interview Tactics: Inexperienced investigators, or those who use aggressive tactics may not gather all necessary information, leading to a partial view of what occurred.

  
  

Key Dos and Don'ts for Investigators

To ensure a successful and legally sound investigation, keep these points in mind:

The "Dos":

• Begin Investigating Promptly: Time is of the essence when a complaint comes in.

• Use a Neutral Investigator: This is critical for impartiality.

• Identify the "Who, What, Where, When, How": Immediately gather these essential details about the complaint.

• Maintain Confidentiality: Ensure confidentiality to the extent possible for all parties involved.

• Follow Company Protocols: Adhere strictly to established procedures for handling complaints.

• Warn Against Retaliation: Clearly communicate that retaliation against the complainant, alleged wrongdoer, or potential witnesses is prohibited.

• Follow Up with the Complainant: Inform them that an investigation was conducted and a resolution was reached, even if not every detail is shared.

• Preserve Evidence & Document Everything: Documentation is crucial for demonstrating that a thorough, prompt, and fair investigation was conducted, serving as key proof in case of litigation.

• Reach a Conclusion: Even if it's not a clear "right or wrong," an investigation should conclude, potentially noting that some facts support an allegation but not enough for disciplinary action.

  
  

The "Don'ts":

• Brush Off a Complainant: Do not dismiss concerns as "whining" or due to a history of multiple complaints.

• Retaliate: Never retaliate against the complainant, alleged wrongdoer, or witnesses.

• Make Assumptions: Avoid preconceived notions about anyone involved in the investigation. Maintain an unbiased approach.

By adhering to these guidelines, employers can navigate workplace investigations effectively, fulfill their legal obligations, and foster a more respectful and productive work environment.