An employer has the right to conduct a workplace investigation without the knowledge of the employee. However, they can not simply conduct a workplace investigation in secret and then make a decision to dismiss you. They must afford you procedural fairness before they make that decision.
Many workplace investigations stem from allegations of general misconduct, or bad behavior. Behaviors such as yelling, making threats, rudeness, absenteeism, tardiness, gossiping, or substance abuse can lead to a workplace investigation to determine what occurred, and what disciplinary measures need to take place.
Even though the employer might subjectively believe it is reasonable to investigate an issue, if that belief is objectively unreasonable, then the employee cannot be directed to take part in the investigation.
Workplace Investigations require the use of the standard of proof called the balance of probabilities as distinguished from the standard applied in criminal cases being beyond reasonable doubt.
During investigation interviews, the complainant, respondent, and witnesses will have the opportunity to present information and material related to the situation. The investigator will ask questions related to the complaint, listen, and take notes.
It is important you tell the investigator the truth. Withholding information or providing false information can harm your credibility, which can lead the investigator to find that information you provided, which would otherwise have helped you, should not be believed.
Many employees interviewed have the urge to exaggerate and paraphrase the alleged harasser's statements and actions. It's critical that you don't do that, because the moment it's proven that you exaggerated one thing, the investigator will be skeptical about everything else you say during your interview.
The investigation should be prompt, thorough, and fair. The accused party is entitled to know the specific allegations being made and given the opportunity to respond. The complainant should be interviewed, as should relevant witnesses. These interviews should be appropriately documented.
Evidence refers to information or objects that may be admitted into court for judges and juries to consider when hearing a case. Evidence can come from varied sources — from genetic material or trace chemicals to dental history or fingerprints.
Also, a good investigator should focus on asking short, to-the-point questions such as “Who told you that?” and “What did she say to you?” and “Where were you during this conversation?” and “How did that make you feel?” and “What happened next?” Remember, a good investigator will resist the urge to tell a witness what ...
No, you do not have to answer the investigator's questions. However, you should remember that the interview is your chance to tell your side of the story and if the investigator asks you a question it is because the investigator believes the answer might be important to the investigation.
Again, they don't have to inform you if you are currently being investigated. If there's a police report, you may request a copy. This document will tell you details such as what the nature of the case is, when and where it happened, the names of those involved, and the reference number.
When an employee makes a complaint within your organization, the Human Resources department is responsible for beginning an HR investigation to discover further details about possible employee misconduct. In the United States, businesses are obligated by law to investigate these complaints promptly and impartially.
The person conducting the investigation can be internal to the workplace ( e.g. , supervisor, senior manager, human resources staff), work at another employer location ( e.g. a corporate office) or may be someone external to the organization (such as a licensed private investigator, human resource professional, lawyer, ...
Common investigative flaws include where the scope of the investigation is too narrow; not all relevant witnesses are interviewed; there are unjustifiable delays; there is over reliance on hearsay; or the wrong (or no) standard of proof is applied to the facts.
Forensic Evidence
It includes material such as fingerprints, DNA, ballistics reports, or other trace evidence. This form of evidence is considered to be an extremely reliable tool for investigations.
Crime scene investigators collect evidence such as fingerprints, footprints, tire tracks, blood and other body fluids, hairs, fibers and fire debris. NIJ funds projects to improve: Identification of blood and other body fluids at the scene. Field detection of drugs and explosives.
The police generally use at least five fillers. Fillers are selected for their physical similarities to the suspect (gender, race, hair length and color, facial hair, height, skin tone, and other distinguishing features). The fillers are presumed to be unknown to the witness.
Examples of Justification
One way to do this is to consider the problem or issue that requires attention, the solution, and then the rationale or justification for the solution (the “why”). In this way, the foundation (reason) is placed in a context.
Physical evidence such as photographs of injuries or the debris of a broken item. Documentary evidence such as incident reports or contemporaneous file notes. Electronic evidence including emails, text messages and CCTV footage.
Reports of discrimination in the workplace are solid reasons for a human resources investigation. Federal law prohibits discrimination based on race, religion, color, sex, national origin or age. Severe penalties can be imposed on your organization if you are found to be in violation of these laws.
The easiest approach is usually to tell them (a) thanks for reporting the matter to you; (b) the investigation is now complete; (c) a report will be made to management, and (d) that any corrective action, if necessary, will be promptly taken.
Chances are, your best recourse if experiencing retaliation and a non-existent or unhelpful HR department is retaining an employment lawyer as well as filing a complaint with the Equal Employment Opportunity Commission, or EEOC.