Workplace Investigations - Tip #14

Fran Sepler on Seplerblog raises an intresting question relating to when you look at the employee's file (see her post here).  She notes that by looking at the file too early in the investigation, it may sway the investigator's perception of the facts.  By looking at it too late, the investigation may be hampered by not having relevant information.  The bigger conclusion she notes, however, is the most important -

"As with any investigative decision, be prepared to explain why you did it the way you did it.  Remember, the very worst answer to the question "why?" is "Because I did not consider any other course of action.""

All too often when the investigation is challenged, the investigator cannot explain why he/she made certain decisions to do things a certain way.  This leaves the credibility of the investigation suspect.  Consistency and thoughtful careful decision making along the way can make the difference between a poor investigation and one that can be relied upon.

Written By:Kim On March 4, 2006 1:23 AM

I have a question:
Suppose that you have a witness who you are reasonably certain is lying to you, based on the accounts of others. Can you also tell the employee that providing false information in an investigation can lead to disciplinary action?

Written By:Diane On March 4, 2006 6:21 AM

Kim, My sense is that that you will likely have a witness that you think is lying periodically. What you do is weigh all of the statements of other witnesses and evidence that you have when drawing your conclusions - including issues of credibility. As for the disciplinary action.... you should have somewhere in your policy manual that employees are required to participate in an investigation and to participate truthfully. Yes, providing false information should be grounds for disciplinary action (as long as you can demonstrate this). Diane

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