Investigating Like a Pro: Best Practices for HR Leaders
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Transcript of Investigating Like a Pro: Best Practices for HR Leaders
Investigating Like a Pro: Best Practices for HR Leaders
The Alleged Harassment Investigation
Employee comes to you claiming she is being harassed by a supervisor. The only witness is the best friend and coworker of the employee. The employee has been having consistent performance issues for some time and was on the verge of a performance improvement plan at the time of report. The employee is over 40 and is a military reservist.
How do you proceed?
Benefits
+ Company
+ Employees
Common Mistakes
Top 5 Investigation Mistakes
#1 Delayed action
Top 5 Investigation Mistakes
#2 Poor planning
Top 5 Investigation Mistakes
#3 Retaliation
Top 5 Investigation Mistakes
#4 Lack of follow up
Top 5 Investigation Mistakes
#5 Losing objectivity
The Hour-Stealing Investigation
Sharpening the Ax
Laying a Foundation
Do we investigate?
Laying a Foundation
Who will investigate?
Laying a Foundation
What will be investigated?
Laying a Foundation
What evidence needs to be collected?
Laying a Foundation
Who will be interviewed?
The Voodoo Curse Investigation
Tune Into Your Inner Matlock
Investigation Best Practices
Take complaints seriously
Investigation Best Practices
Investigate quickly
Investigation Best Practices
Develop a plan
Investigation Best Practices
Remain objective
Investigation Best Practices
Prevent retaliation
Investigation Best Practices
Follow up
Investigation Best Practices
Report out
Flexing Your Forecasting Muscles
Give percentages and probabilities when possible
Base decisions on known facts, historical trends, and elements unique to the situation
You might not make the final decision, but you’re pretty darn close
Other Quick Tips
• Confidentiality, even among peers
• Quick and thorough
• Beyond a reasonable doubt vs preponderance of evidence
• Related: show your work
• Case law, juries, remedies, motives
Sample Questions
Sample Questions-Complainant
Who committed the alleged harassment? What exactly occurred or was said? When did it occur and is it still ongoing? Where did it occur? How often did it occur? How did it affect you?
How did you react? What response did you make when the incident(s) occurred or afterwards?
How did the harassment affect you? Has your job been affected in any way?
Are there any persons who have relevant information?
Are there any notes, physical evidence, or other documentation regarding the incident(s)?
How would you like to see the situation resolved?
Sample Questions-Accused
What is your response to the allegations?
If the harasser claims that the allegations are false, ask why the complainant might lie.
Are there any persons who have relevant information?
Are there any notes, physical evidence, or other documentation regarding the incident(s)?
Do you know of any other relevant information?
Sample Questions-Witnesses
What did you see or hear? When did this occur? Describe the alleged harasser’s behavior toward the complainant and toward others in the workplace.
What did the complainant tell you? When did s/he tell you this?
Do you know of any other relevant information?
Are there other persons who have relevant information?
Reminder: Everyone Has Issues
James Castelluccio worked for his employer for 40 years, earning numerous promotions and positive performance reviews.
Supervisor changed.
Castelluccio reports age discrimination claim to HR. Claim dismissed.
Terminated subsequently.
Files suit.
Final result?
https://www.endicottalliance.org/James%20Castelluccio.v.IBM.htm
