Find answers to the most commonly asked questions for workplace investigations. Contact us if you can’t find answers to your questions. We’re a phone call away. Or an email.
Are there any essential advisories that a witness should be given during an investigative interview?
What confidentiality admonition should be given to the witnesses?
In order to issue a confidentiality admonition, an employer must show that it has a legitimate business justification that outweighs an employee’s rights to engage in protected concerted activity. To justify an admonition, an employer is required to make an individualized assessment of each investigation to determine whether:
- Any witnesses need protection,
- Evidence is in danger of being destroyed,
- Testimony is in danger of being fabricated, or
- There is a need to prevent a cover-up.
How much does it cost to outsource an investigation?
What are some of the common mistakes that workplace investigators make?
Another mistake is the failure to properly handle reports of potential violence. Some witnesses complain – “I am afraid to talk to you” – simply because they are nervous about the investigative interview. But a seasoned investigator will explore further to find out whether the witness is concerned about personal safety or threats of violence. Even if a complaint is dismissed for lack of merit, an experienced investigator will communicate the concerns of potential violence so an appropriate assessment can be made. As for actual threats – “he told me he had a gun” – the investigator must take swift action to make sure that proper organizational representatives are notified so they can take appropriate steps to ensure a safe workplace.
What information should a workplace investigative report provide?
- Did the alleged conduct, more likely than not, occur?
- Did the alleged conduct, more likely than not, occur because of an improper motive?
- Was there a violation of the employer’s policies?
This requires the investigator to analyze all the available facts to reach a reasoned conclusion. By answering these questions, the decision-makers have a basis for making sound employment decisions.