Workplace Investigations - Tip # 13
The Half-Baked Investigation - Our Northern neighbor, Michael Fitzgibbon, has had a few posts of late on the subject of workplace investigations. He recently discussed the perils of a rushed investigation. I often refer to these as "the half-baked investigations." Typically, an employer learns of an allegation of wrong doing, starts conducting an investigation, learns there may be some truth, call the lawyers in and then I get a call. By the time I arrive to conduct a new investigation, I learn that the previous attempt by internal management was not as thorough as it might have been. All to often, witnesses were missed, evidence missed and erroneous conclusions drawn. But, that's the GOOD news, because counsel was called in time and a new investigation, which will objectively review the facts, is underway.
What Michael describes is what happens when an investigation is rushed. While based on Canadian law, there is certainly application for us in the States. He notes...
"Care must be taken about who will conduct the investigation, whether they are entirely objective and whether they are the most appropriate person. Furthermore, ... it is imperative for the investigator to follow up with appropriate people where there are "gaps". "Sweeping the corners" is an overused phrase, but one that applies squarely to workplace investigations."
You can see his other investigation postings on his site here.