An Insider S Guide To Workplace Investigations

The trust of a company by its customers is one of the most important ingredients in a company's success. Central to that trust is the company's ability to effectively police itself. Another foundation of success is conducting internal investigations and imposing discipline in a manner that employees find trustworthy and consistent with its values. But what happens when someone reports an incident of actual or potential employee misconduct? Does the company respond to the report to investigate it, remedy it or learn from it? Is the responsibility to investigate the report delegated ad hoc to a human resources manager or in-house attorney to resolve in addition to their regular duties? A robust investigations process is not about good corporate citizenship. Investigations furnish knowledge. The process of knowledge management determines what we know about our company's risks and influences how that information can be applied. This information lets a company manage risk effectively. The products of the investigative process should be a practical and personal piece of advice to executive management. The investigation goal must be to prevent future damage to the company by using investigation findings as a form of organizational intelligence -- rather than rebuilding it after the damage is done. The economics of capitalism and private enterprise favor risk taking. But the only way to accept a risk is if that decision is an informed one. A company must maximize its business success while eliminating or reducing unacceptable legal and financial risks. Identifying and addressing those risks through investigations places the process squarely within the business' fundamental purpose. So why doesn't every company adopt this approach? It may be that they think the company does not have the time, personnel and resources to conduct investigations in an organized manner. Executive management may think that the value of the investigation is limited to substantiating the misconduct of a single employee, and that the business leaders are already certain of his guilt. It may also be to "let sleeping dogs lie," and ignore problems that are known to exist but which are seen as too disruptive and costly to fix. It may be a lack of imagination to see the value. It may be that they are intoxicated by their own high-minded ethics message to consider anything else. True, many companies have historically staffed corporate-security departments or hired lawyers to look into allegations of wrongdoing, but these are not business processes with a focus on corporate counseling. There is a world of difference when you use the investigation process as a way to improve business processes and as a risk-management tool than if you think small and use it only as a way to prove that a discrete act of misconduct occurred. A business case with its own value proposition can be made for a workplace investigations unit. A properly prepared and executed investigation gives the business an advantage. Risks are identified and addressed. Dishonest employees are caught. Restitution can be attempted. But to do this, you need to know how to embed the workplace investigations unit in your company's culture and this applies even to those professionals in human resources and legal departments who freelance investigations as a business process. The ultimate value of a workplace investigations unit depends on its seamless integration in the business. The smoother the practice blends into the business routine, the easier it is to sustain. This book examines management techniques and processes to create a workplace investigations unit. It is intended as a guide for building and running a successful and valuable corporate resource. Attention is also directed to establishing investigative protocols and practices that will survive the scrutiny of business leaders

Learn how to conduct a full and fair workplace investigation Workplace complaints carry serious legal and financial risks to a company, so it’s essential to act fast when you receive an employee complaint. But an ineffective or poorly handled investigation can land your company in even more trouble than not performing one at all. It’s more important than ever to ensure your investigation is complete, impartial, and timely. The Essential Guide to Workplace Investigations shows you how to legally and successfully investigate and resolve any type of complaint or problem. It covers common issues such as harassment, discrimination, violence, drug and alcohol use, and employee theft. This edition has updated sections on sexual orientation and gender identity discrimination and handling problems in the remote workplace. The book guides you through each step of an effective investigation, including • deciding whether to investigate • planning an investigation • interviewing witnesses • gathering and evaluating evidence • documenting the investigation • and more. With Downloadable Forms You can download all the forms you need, including sample policies, checklists, templates, and resources at Nolo.

Investigate and resolve common workplace complaints and problems The Essential Guide to Workplace Investigations is both a legal and practical book, packed with tips and strategies that will help you sort out your workplace problems, quickly, and effectively. Use this affordable, step-by-step guide to investigate and resolve every kind of workplace problem, including common issues such as harassment, employee theft, and workplace violence. This thorough guide provides all the plain-English forms, sample policies, checklists, and sample documentation that managers, supervisors, business owners, and human resources professionals need to conduct a successful investigation that will stand up in court. Get the facts on: . deciding whether to investigate . choosing an investigator . interviewing and gathering evidence . evaluating the evidence . documenting the investigation . taking action and following up This edition of The Essential Guide to Workplace Investigations incorporates the latest legal developments in employment law, including changes to the Americans with Disabilities Act (ADA) and important Supreme Court decisions on discrimination, retaliation, and more. Plus, you'll get all the legal forms you need, as well as sample audio interviews and scenarios. Forms are available to download at nolo.com.

If you own a business or manage employees, you need Workplace Investigations, the step-by-step guide to investigating and resolving common workplace issues.Workplace Investigations is both a legal and practical book, packed with tips and strategies that will help you sort out your workplace problems, quickly and legally. It offers a step-by-step plan that you can use to resolve all kinds of workplace complaints, including: harassment discrimination workplace violence employee theft Workplace Investigations explains how to conduct an investigation that will stand up in court, helping you decide whether to investigate, do interviews, gather evidence, write an investigation report and make disciplinary decisions. It also provides checklists, sample policies and legal resources for all 50 states.

Employee complaints are a cost of doing business. If you want to reduce those costs and earn employee trust, you must address employee complaints by conducting effective workplace investigations. But this is not just another CYA guide. Author and Attorney Kelly Charles-Collins, an authority in HR issues and Employment Law, offers a fresh perspective on conducting workplace investigations. With over 20 years of experience successfully defending companies ranging from small businesses to Fortune 100 companies, Charles-Collins reframes the risk management discussion around workplace investigations from reactive to proactive - focusing on the benefits rather than the burdens. Using a case study and interactive exercises, you will discover how to: - Save time and money by standardizing your investigative process - Enhance your company atmosphere, culture, and environment - Convert your "peanut gallery" employees into your "raving fans" - Preserve company assets without sacrificing employee satisfaction and productivity. Revolutionize your thinking. Whether you are a business owner, Human Resources professional, or member of the management team, embrace the opportunity to find out what is going on in your business, affecting your employees' productivity, eroding employee trust, and ultimately impacting your bottom line. Whether you are a business owner, Human Resources professional, or member of the management team, ACE Your Workplace Investigations, is Your Step-by-Step Guide for Avoiding Friction, Covering your Assets, and Earning Employee Trust.

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