In most cases, a minor infraction, once seriously investigated, usually brings to light a much bigger issue. If there are witnesses to the incident, the next logical step would be to question them.
Witnesses are there to corroborate or refute both the complainant and subject's account of the incident. A witness may have crucial information that a complainant may have missed or was unwilling to share. The witnesses vary. There are those who saw the incident take place, those who heard about it from those who saw it, and those in whom the complainant confided about it after the fact. The best thing to do when interviewing the subject is to remain neutral. The answers you received from the complainant and witnesses should not influence your questioning and judge the accused of the alleged harassment.
An investigator needs to keep an open mind and not make assumptions based on what they have heard from the complainant, witnesses, or other employees. You are simply there to look for answers to what was reported. Before beginning the questioning phase of the investigation, it is essential to establish a baseline on which you can measure the respondents' behavior, manner, and language.
You do this by asking questions that you already know the answers to and are non-threatening so that they do not put the respondents on the defensive. The baseline questions will help you notice the interviewees' mannerisms, speech patterns, level of eye contact, and body language when they answer the questions. Keep an eye on their behavior. You are now able to assess the differences in mannerisms when they answer each question related to the events that transpired.
It is important to always end the interview on a positive note. An IBM spokesman declined to comment. The ruling is one example of how a poorly conducted internal investigation can cost a company financially and damage its reputation, not to mention the reputations of the HR professionals tasked with overseeing such a probe.
On the other hand, a properly conducted investigation—one that is prompt, thorough and impartial—can help defend a company should a lawsuit be filed later. By ensuring a fair investigative process, HR professionals also can help build morale and trust among employees. Conducting workplace investigations is one of the most challenging duties that HR professionals must take on.
Workforce demographics are shifting. New laws are constantly popping up. Employees are more aware of their rights. She recalls the trepidation she felt conducting her first workplace investigations. Ideally, with proper training and experience, a novice investigator over time develops a greater comfort level in handling complaints, she says.
But the task is not for the faint of heart. While many HR departments investigate every employee complaint, employers are legally mandated to investigate harassment, discrimination, retaliation, safety and certain other types of complaints. Once the decision to investigate has been made, some HR professionals may be tempted to immediately start scheduling interviews.
However, good investigators will first create a plan that answers these questions:. Sometimes the HR person is too close to the topic, and their judgment may not be where it should be. Be alert to any potential conflicts of interest when choosing an investigator. Before interviewing witnesses, gather physical evidence that might validate the complaint.
Is my reward really going to be greater than the risk? Ivey recalls a harassment case in which a male employee was accused of coming on to a female worker at the copy machine. Finally, plan questions in advance and use open-ended questions to draw information out of the witnesses. Auto parts retailer AutoZone has been the target of numerous lawsuits challenging its use of aggressive interview tactics to extract confessions from employees suspected of theft.
At the time, AutoZone investigators used an interrogation method called the Reid Technique, frequently used by police and security officers to detect whether a suspect is lying.
While employee theft is a big problem in the retail industry, not all retailers use the controversial Reid Technique for investigation interviews. Ultimately, HR decides whether disciplinary action is needed. Regional HR directors are available to guide the HR managers in individual stores, and company attorneys are often consulted, according to Domian. Even the location of interviews can affect the outcome of the investigation.
Schaefer has seen HR professionals interview witnesses on the warehouse floor in full view of their co-workers. Employees are less likely to share information under such circumstances, she says, and they will likely be reluctant to come forward to report any misconduct in the future. When there are conflicting versions of events in harassment cases, the U. Equal Employment Opportunity Commission suggests using the following factors to assess witness credibility:. As time goes by, it will become more difficult to collect evidence and get witnesses to talk.
Details are forgotten. Plan the investigation Organize everything that you need to investigate the case. Gather all of the information that you have on the problem such as the employee complaints, written warnings, supervisor reports, or any other documents that can be used to look into the problem.
Use all of the information that you have available so that you will be able to look into the events that took place during the incident. Think about things such as who you are going to interview, if there were any witnesses, the date and time when the harassment took place, and more. Conduct interviews The best way to make a decision is to gather as much information as possible, so you need to go around and ask a series of questions.
Interview the person who is accused of the harassment as well as the person who claims to be the victim. Once that is done, then you have to interview any witnesses who may have been there during the time the harassment occurred; you may just be able to get a witness statement out of them.
Ensure that you ask open-ended questions to help you gain as much information as possible. Gather documents and other pieces of evidence The more documents you have pertaining to the harassment, the more evidence you will be able to use to back up the harassment claim.
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