Product Id: 50033
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When we think of workplace investigations, the most common thought is that of investigating harassment complaints.
But workplace investigations are often necessary to discover, prevent and address other problems - such as theft, safety or OSHA issues, retaliation, vandalism, substance abuse, social media violations, company policy violations, and so on.When an employee complains that he or she is experiencing harassment of any type, the employer has a legal, ethical, and employee-relations obligation to investigate the charges thoroughly. The employer can't decide whether to believe the employee but must take him or her at their word.
If an employer hears rumors that harassment is occurring, the employer must investigate the potential harassment. This may include hearing gossip from other employees, it may involve instances in which non involved employees or friends of the targeted employee bring up the subject with Human Resources to help their coworker or friend who is embarrassed to go to HR. It can also include any instance in which an employee tells HR about questionable behavior that they have witnessed.
These are examples of just how seriously employers must take sexual and any other form of employee harassment that is or may be occurring in their workplace. Assuming the decision is made to investigate the report, there should be protocols in place to get started, including a method for choosing the investigator, assigning the case and tracking and reporting on the investigation.
It's imperative that employers understand how to evaluate the scope of their internal investigations, how to document steps taken along the way, and how to insulate their organization from subsequent lawsuits. Additionally, it's also important for employers to ensure all parties are treated fairly during the process and be sensitive to how the organization's process is communicated and implemented.
While no employer wants to be accused of harassment, all employers need to be armed with the knowledge of how to proceed should they find themselves in the position not having to defend themselves against a harassment charge. Employers must ensure they are properly prepared at the outset of an investigation to conduct effective and legally-compliant investigations into the harassment.