When conducting an employee investigation, employers need to know what questions to ask, how to get the answers they need, how to ensure the integrity of the investigation, and what to do with the information they gather.
As with most aspects of human behavior, workplace investigations should be conducted in a manner that is fair, objective, and based on the facts. While all parties involved are by definition innocent until proven guilty, mistakes do occur, which may result in a wrongful termination of an employee. In order to ensure that your investigation is accurate and impartial, this blog will provide an overview of some of the most important things to consider when conducting a workplace investigation.
Best Practices For Questioning
The process of interrogating a person accused of wrongful conduct starts with the employee who complained. If you are the subject of an investigation, such as an employee accused of wrongful conduct, or a witness for the accused, you may face some questioning. Consider the tips to make the time worthwhile:
- The investigation should take place in a private area
- Provide copies of relevant policies
- Take the information seriously
- Do not promise any specific outcome at any stage
- Keep opinions to yourself
Questioning can be an uncomfortable experience. When you’re the one being questioned, it can feel like you are being accused of wrongdoing. When you’re the one doing the questioning, it can feel like you’re trying to get information out of someone in hopes that the truth will make everyone feel better. Either way, it’s not a pleasant situation. However, make sure not to promise any measure of confidentiality.
Here are some tips to keep in mind when interviewing a witness:
- Review the employee handbook, get familiar with employee rights and the workplace policies,
- Bring a colleague with you to the meeting,
- If a witness refuses to answer a question, the interviewer should move on and note the refusal,
- If a witness answers a question, but the interviewer has doubts about the answer, the interviewer should probe the answer with a follow-up.
Investigation Questions To Ask The Complainant
When a complaint is received, it’s critical to make sure you don’t ask certain questions that might compromise the investigation. Unfortunately, some people see fairness and objectivity as a weakness and use leading questions, innuendo, and suggestive language to try and steer the investigation.
Here are a few key questions that can help to start the investigation:
- Who committed the alleged behavior?
- What exactly happened?
- When did this happen?
- Is it ongoing?
- Where did this occur?
- Did you try to stop the accused and know that you were upset by the behavior?
- Are there any eyewitnesses of the incident?
- Have you discussed the incident with anyone? If yes, who, when, and why?
- How has the incident affected you?
- Is there any electronic evidence to document the occurrence?
- Do you have any other information that might be helpful to this investigation?
Final Words
In conclusion, while the above rules are by no means a guarantee of success, they do provide a solid foundation to build on. Interviewing is an art form, and practice is invaluable.
Employment investigations may be a necessary evil, but they can be handled professionally and efficiently if an organization is prepared. While the correct answer may differ from case to case, the preparation, knowledge, and objectivity of the investigator all serve to lessen the negative impact of the investigation. To learn more about workplace investigation, attend the Compliance Prime webinar.
