By Jim Annis
The words, "in-house investigations," might lead to CLUE board game flashbacks like: Case File Confidential; suspects that begin with names like Colonel and Professor; Rooms and Weapons; and "Who dunnit?"
Failing to perform in-house investigations will not result in fun and games — that's how employees win lawsuits. Why do an investigation? The onus is always on the employer. Ignorance equals risk. Begin an investigation when the gossip starts, before you receive a complaint and before you are sued. The three most common issues involved in an investigation are harassment, whistleblower, and discrimination. Whatever the issue, following the suggestions below can help manage the risk.
What should be investigated? All gossip, what you hear through management by walking around, subtle "please do not tell anyone" conversations (then do not promise confidentiality — you must address a problem) and comments in anonymous suggestion boxes. Small bumps can become a cancer. Assume each issue is legitimate and drive that type of cultural commitment daily.
When should it be investigated? Immediately. No exceptions. Look forward and reason backward. Go big-picture and follow the trail, with an eagle-eye view. Imagine the timeline spread out from when it happened to two or three years down the line if you wind up in court. If an employee put you on notice Monday, October 1 and then you did not do anything for three weeks, you're toast. If you took action Monday afternoon upon notice, then you should be evaluated more positively.
Why would you investigate it? You have a responsibility to employees. You'll lose them is they perceive a lack of commitment to a healthy work culture. Response to an investigation is generally positive: "Management is handling the issue." If you get rid of the issue, good job — shareholders will be happy.
Who should do the investigation? Investigations are hard. Period. Who you assign to do them is crucial. Options include in-house HR, a PEO, outside HR consultants, an objective person in leadership with no direct reporting, or a person who is not highly emotional.
What's the end game? Document the following in order: failure, conclusion, report and follow-up. The most important point is to reach a conclusion. Write it all down on a factual basis, no opinions, based on tangible information. It's harder to do than you think. Follow up with the complaining party by calendaring three months down the road, and develop a feedback loop. If you do wind up in court, this is what you want the suing employee to relay to the judge: "My employer followed up with me so I felt good." You win. Investigation is not a dirty word. It's clean and can help make your environment "sparkle." You will almost always discover something in the process that will help improve the workplace.
Jim Annis is president/CEO of The Applied Companies, which provide HR solutions for today’s workplace. Celeste Johnson, Applied's COO, contributed to this article.
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