Workplace Investigations - Tip # 11
What to do with the file? - You've interviewed your witness, reviewed your evidence, drafted a memo to the employees in questions and you now have a, presumably, large file containing witness statements, piles of paper and various notes and reports. Here's what you need to do:
1. Take the notes, which are not complete and summarize them into a logical format. Toss the scribble.
2. Make sure you have everything you need in the file to document your actions and upon which you based your interviews and questions.
3. Put the file is a separate locked cabinet away from the employee file. Next time you have a complaint, look though this cabinet to determine if any of the accused employees have a history.
I am not so sure I would toss the scribble. A plaintiff's attorney will have a field day with the fact that the HR Rep purposely destroyed his or her interivew notes during or after the investigation. The HR rep will, of course, claim that the summary is a fair summary of those notes an that he or she did not leave out material that does not bolster the ultimate decision made. Without the notes, however, proving this will be impossible. In many jurisdictions, a plaintiff would be entitled to, at the very least, a spoliation instruction for destroying notes under such circumstances.
Thanks for the comment Ed. I figured I'd get some feedback on that... With respect to notes/summaries, the important thing is to make sure they are complete and accurate. Also, to have a consistent/objective procedure/practice which is used.
