Ashlee Difuntorum recently authored an HR Dive article piece, delving into the most effective ways for employers to manage employee complaints while minimizing workplace disruption. She explains that employers should begin investigations as quickly as possible, adding that in states like California, employers are required by law to promptly investigate claims of harassment, discrimination, and retaliatory behavior.
Ashlee writes that employers must first and foremost decide whether to conduct an internal or an external investigation, depending on factors including the nature of the complaint, the likelihood that it will result in litigation, and the risk of media scrutiny.
“A workplace investigation may be conducted by an employee (typically someone from human resources), or by an external investigator hired by the employer,” she explains in HR Dive. “In either case, the investigator should be knowledgeable about standard investigatory practices, either through training by a professional organization (e.g., SHRM, the Association of Workplace Investigators, etc.) or through prior experience conducting investigations.”
Ashlee continues to unpack how to properly conduct an investigation, beginning with an analysis of the complaint and interviews with the complainant, as well as any witnesses. Following the interviews, the investigator should compile a final report including an executive summary, the scope, observations, and highlights of the investigation, and a conclusion detailing their findings.
“After reviewing the investigator’s report, it is then up to the employer to decide what, if any, remedial measures to implement as a result. Regardless of industry or company, employee complaints are inevitable. Having clear policies in place and providing management training can reduce workplace issues,” she concludes.
