How to Conduct Internal Investigations

Albert L. Vreeland, Attorney

New and alarming trends are changing the way you manage your workforce and demanding your attention. These trends are too complex and critical to cover fully in a monthly newsletter. That's why we created HR Executive Special Reports.

About the Report
Employee problems come in all shapes and sizes: complaints of sexual harassment, money missing from employee desks, workplace accidents, employee sabotage, and more. In every case, you must investigate; but a shoddy investigation is worse than no investigation at all. Now, this plain-English report explains everything you need to know about investigating workplace disputes and keeping your organization out of court.

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Table of Contents:

1. SELECTING THE INVESTIGATOR
A Star Witness
Authority Within the Organization
Independence/Bias
The Involvement of Legal Counsel
Special Concerns When Investigating High-Level Executives
Outside Investigators

2. PROTECTING THE INVESTIGATION: THE ATTORNEY-CLIENT PRIVILEGE
Should the Investigation Be Protected?
How to Protect the Investigation by Asserting Privilege
How to Lose the Protection of Privilege

3. INVESTIGATION PREPARATION: INTERIM ACTIONS
Protecting the Complainant
Preventing Retaliation
Protecting Confidentiality

4. CONDUCTING THE INVESTIGATION
Triage: Defining the Scope of the Investigation
The Order of Interviews
Assurances Against Retaliation
How to Get Them Talking
Memorializing the Interview
Surveillance

5. DRAFTING THE REPORT
What to Include
What to Tell the Complainant
How to Handle Raw Materials

6. SPECIAL ISSUES: SEXUAL HARASSMENT, PUBLIC EMPLOYERS, & SAFETY INVESTIGATIONS
Sexual Harassment Investigations
Special Considerations for Public Employers
Special Considerations in Safety Investigations
Special Considerations When Investigating Accidents