by Peter Lowe
Internal workplace investigations turn sour for a variety of reasons, including haste, poor preparation, ineffective documentation, and a lack of investigatory skills. But in my experience, the biggest obstacle to fair and thorough investigations is the bias of the investigator. When an investigator starts out with a preconceived [...]
Archive for the 'Workplace Investigation' Category
by Peter Lowe
What should an employer do when faced with a longtime manager with stellar performance reviews who doesn’t adhere to company policy, misses deadlines, has been written up for sexual harassment, and may be responsible for committing fraud? And does it complicate the situation if that manager is 65 years old?
Those were questions recently put [...]
by Randi J. Winter
Employers routinely conduct internal investigations in response to allegations of harassment, discrimination, retaliation, theft, and other forms of employee misconduct. Although conducting such investigations can be critical to your continued operations, you should be mindful of the importance of exercising neutrality and fairness during the investigative process.
by Jeanine Poole
The turn of the year is often a good time to review company policies. We’re weighing in with some favorite perennial professional resolutions and perhaps a few new suggestions that might make for a happy 2014.
by Jeff Sloan
The classic Yogi-ism―”It ain’t over ’til it’s over”―has special significance for employment investigations. An investigation can lead not only to discipline against a perpetrator but also to litigation by the victim―or even the perpetrator―against the investigator or the employer. In either of those unsavory situations, the investigator or HR [...]
by Gary S. Fealk
The National Labor Relations Act (NLRA) has the primary purpose of regulating union-management relations. However, nonunion employers must be aware that the NLRA’s provisions apply to all employees.
by Scott Agthe
By now, most Texans are familiar with the embarrassment of the Travis County district attorney, who was recently jailed for drunk driving. For you non-Texans, here is a synopsis: Rosemary Lehmberg, one of the highest-ranking law enforcement officials in Texas, was arrested one Friday night last April. A 911 [...]
Everyone knows the clichés “cheaters never prosper” and “honesty is the best policy,” but that doesn’t mean employees always take those maxims to heart. Whether it’s padding an expense account, failing to clock out for lunch, or large-scale embezzling, some employees will cross the line into unethical territory. Take, for example, the case of the [...]
by Chris Chrisbens
Do you instruct or ask employee witnesses to keep the subject matter of a workplace investigation and your interview confidential when you conduct an investigation? Are there consequences for employees who breach confidentiality? For years, HR professionals regularly have given those instructions and been trained by experienced investigators and the Equal Employment Opportunity [...]
by Lauren M. Cooper
Employers must take all reasonable steps to prevent harassment from occurring. You must also promptly correct any sexually harassing behavior that has occurred. Effectively investigating harassment complaints and promptly intervening are critical to both of those goals. Prevention of the harassing behavior is the ultimate objective. Effective and immediate intervention also serves [...]