The times are changing. Before the #MeToo wave hit, employers typically initiated investigations into harassment complaints with the goal of maximizing information with minimal negative impact. This often translated into efforts to be as discreet as possible throughout the process by minimizing the amount of information shared and the number of people who read the investigation report.[Read more…]

The hardest investigation to conduct is one without a complaint. Though difficult, it is not uncommon. Many times, parties and witnesses are unwilling to come forward, so all employers have to go on are gossip and rumors. However, do not confuse the lack of a complaint with a lack of a responsibility to investigate. To do so would be to potentially commit a very costly mistake. [Read more…]

You are the head of Human Resources and you receive a complaint of sexual harassment from an employee. To whom do you assign the investigation? Do you handle it in-house or bring in an external investigator? Your answers to these questions set the tone for the entire investigation. Choosing the right investigator from the start can help save hundreds of thousands of dollars in litigation costs to defend the adequacy of the investigation in later stages. Accordingly, it is a question which deserves consideration. [Read more…]

Participating in an interview about workplace misconduct of your peer – or even someone higher in the food chain than you – is often scary for employees. It is common for a witness to feel uneasy about the process. They undoubtedly feel apprehensive about speaking with you. It is your job to set them at ease. How? Prepare, before you even start the interview. An interview is most productive if you are able to make your interviewee feel comfortable. [Read more…]