5 Tips for Businesses on Speeding Up Your Workplace Investigation
Most businesses, understandably, want their workplace investigations completed as fast as possible. But balancing speed with thoroughness—all while maintaining impartiality and respecting procedural fairness and due process—is of critical importance in conducting a process that has integrity. At Van Dermyden Makus, we understand employers’ desires to “wrap up” the investigation and return a sense of normalcy to their workplace. Yet we have crucial conversations about balancing thoroughness so we never sacrifice the integrity of an investigation. Here are five tips for businesses to consider when they want an effective investigation completed quickly.
1. Address some preliminary questions before the first investigation call.
Some items do not need to wait for the first call with the investigator. For example, what is the scope of the investigation? Who is going to be responsible for contacting witnesses and parties? Is the investigation seeking to make factual findings or factual and policy findings (and, if so, what policies are in place)? Is participation in the investigation voluntary or mandatory for the employees? These are all questions that the investigator does not advise upon or decide; they’re for the business to decide. Having answers before speaking with the investigator can help move along the process.
2. Gather initial documents to help the investigator develop the strategy.
Generally speaking, an investigator will need many of the same initial documents: a copy of the complaint (if one exists), an organizational chart with clear job titles, relevant job descriptions, employer policies (especially if the investigator is tasked with making policy findings), and any other relevant documentary evidence, such as emails and texts. This initial information helps the investigator get situated with the lay of the land and develop their investigative strategy early on.
3. Identify and empower an administrative contact to handle logistics.
For many investigations, it is very helpful to have a logistics person serve as the go-between between the investigator and the organization. This party should be a disinterested one—not a witness in the investigation itself. They can assist with facilitating introductions to the investigator, making sure there is private interview space available (if interviews will be conducted in person), and managing other logistical tasks. At times, and in particular in Board-driven investigations, one desire is to include many people in this role. But winnowing down the number of folks involved—for example, striking an investigations committee—can eliminate some inertia created by logistics. The logistics person can also help with these questions: Are there witnesses who are former employees? Are parties represented by an attorney or union-represented, or on a leave of absence, or are there other exigent circumstances? These are all questions over which the investigator has little control, but will help the investigator advise the organization about possible delays.
4. Consider the final product.
In many investigations, a full investigative report can be a useful tool—but drafting one can be a time-consuming process. On the other hand, an executive summary, without as much detail as a full investigative report, takes less time to prepare. Finally, an oral report can be quick and to the point, but comes without a documentary record. There are competing advantages and disadvantages to each of these products. If speed is a concern, consider how it may inform the final product or tool being created by the investigation.
5. Engage in a negative visualization.
While everyone wants an investigation done quickly, consider for a moment just how wrong things can go if the investigation is done with speed trumping thoroughness. This can result in bad findings. Before trying to hasten the speed of an investigation, consider the serious consequences of an investigation conducted without integrity.
In the end, the investigator has to balance promptness with thoroughness, striking the right balance to give the employer a tool as quickly as possible, but with enough evidence to reach reasoned conclusions. At Van Dermyden Makus, we strive to conduct investigations and deliver reports that meet and exceed industry standards, while ensuring our clients receive a product that will assist them in making informed decisions as to next steps.
Matt Malone is a VM Associate Attorney. He regularly conducts investigations and reviews for clients ranging from intimate workplaces to global leaders in the high-tech sector, and has particular experience in board-driven investigations. Matt brings a global perspective to his work, having studied and worked around the world, including in Germany, Israel, Saudi Arabia, Japan, and Canada. Read more about Matt here.
