When employee misconduct is suspected, an employer wants a timely, documented investigation to determine the truth. If the allegations cannot be proved and an employee is terminated, it could lead to an employer having to defend themselves in court, potentially losing millions in wrongful termination, defamation, and other charges.
Employee misconduct investigations must be carried out correctly, preferably by corporate investigation services you trust. Here is how to investigate employee misconduct.
Be prompt with the investigation
Do not wait to investigate. Be timely. This demonstrates a commitment to finding the truth. It also mitigates the risk of retaliation and future incidents taking place.
Hire corporate investigation services
Corporate investigation services will come in with a plan. They will work with you to ensure the investigation is carried out properly and your objectives are achieved. Their investigation will be fair and free of conflicts of interest.
Instead of trying to do the investigation yourself, which can create enormous amounts of work, there is no better choice than hiring experts who complete these types of corporate investigations daily.
Pursue interim action
While the investigation occurs, interim action is required to prevent retaliation and potential further misconduct. An employee may need to take a paid leave, or scheduling may need to be changed.
To avoid potential lawsuits, ensure any action taken is not disciplinary or retaliatory by design and that it’s only temporary while the investigation is being handled.
Don’t go into an investigation unprepared
Review workplace policies, procedures, and protocols before going into an investigation. Examine defined policies on harassment, bullying, discrimination, fraud and theft, health and safety measures, use of company property, acceptance of gifts, and conflicts of interest. These policies will be what your employee misconduct investigation is based on.
Maintain confidentiality at every step
Dispel employees’ fears. Protect your organization from lawsuits. Adhere to strict confidentiality throughout the investigation. This will also help minimize the chaos and stress that sometimes accompanies an employee misconduct charge.
Protect the complainant
Protect the complainant, especially in cases where there is sensitivity or an accusation of violence. Provide support. Allow them to take time off or provide an easier work schedule. Treat a complainant with compassion and respect.
Protect the accused
Do not automatically assume the party accused is guilty. Do not damage the relationship or set the seeds for a discrimination lawsuit. Investigate the specific complaint or allegation while protecting the rights of both the complainant and the accused.
Be thorough and impartial
Never go into an investigation with a preconceived idea of the result. Treat the accused with respect. Work impartially. Find the truth, and do not be led by opinions, suggestions, reports, or information that cannot be substantially proven.
Deliver a strong resolution
An employee misconduct investigation has to deliver a strong resolution. Ideally, this is the purpose of the investigation. Remember that it should be a result that you can defend in court if the accused challenges you.
Define your investigation team
A single individual should not carry out an investigation. Define who your team will be to complete the investigation. Companies often hire an external investigator to handle the case instead of relying on an internal stakeholder.
Define the framework of the investigation
Decide how your investigation will be carried out. Decide on what investigation methods will be used, what resources will be used for evidence, what witnesses will be spoken to and when those interviews will occur.
Keep interviews neutral and do not lead answers
When conducting an interview, be mindful of your verbal and body language. Don’t use language that assumes a result to be true. Be objective.
Speak in plain language. Ask short, simple questions. Repeat answers when necessary to confirm the information. Encourage the interviewee to share facts, not opinions.
Log all information as the investigation happens
Record and document everything thoroughly. Document how you found out about something, when how, and write updates that you can refer back to later. This documentation could be referred back to if there’s a lawsuit.
Case management software can make conducting an employee misconduct investigation much easier. This way, there’s no trying to hunt down written notes or Excel or Word files.
Communicate throughout the investigation
Don’t leave the accused or complainant in the dark during an investigation. Meet with them before the start and detail the process, explaining the steps and encouraging them to ask questions.
Then, provide frequent updates as it applies to them. This will reinforce a feeling that the investigation is being carried out fairly.
Meet with parties separately to reveal the results
After the employee misconduct investigation, meet with the accused and complainant separately to share the results.
