With today’s workforce more diverse than ever, human resource professionals must be prepared at all times to address the one phone call or office visit every company fears the most. Sexual harassment, gender discrimination, workplace violence are just some of the many acts of serious employee misconduct threatening the security and tranquility of the modern workplace. What should follow is a complex internal investigation. The first question an HR manager needs to ask is, do I have the time, tools and expertise to conduct a thorough workplace investigation? Most WP investigations would not be complete without an interview of all parties involved, witness statements, interrogation of CCTV footage-if applicable, inventory audits, etc.
To complicate an already challenging matter for the most seasoned HR professional, many companies are now trying to navigate their way through a 24-month pandemic and are faced with many work home, remote and virtual performance issues with little experience and established protocols. As employers seek to restore the pre-pandemic office environment, many employees have become entranced with the idea of working remotely. The “Great Resignation” is a real phenomenon with over 45 million people resigning to pursue sole proprietorships, actively participate in home caregiver responsibilities and spend more time with family in general.
As HR managers begin the arduous task of revising, and in some instances rewriting personnel handbooks, workplace investigations continue to unfold and have taken on another dimension of complexity. At the core, what has not changed is the fair outcome to all parties concerned and a high level of confidence in the workplace that these matters are taken seriously. Done correctly, they can uncover essential information and corroborate a co-worker’s account of wrongdoing. Performed poorly, they can lead to serious consequences for a company, including substantial damage, backpay awards or even full reinstatement of bad employees.
Internal investigations are never easy and often uncomfortable or intimidating for both HR managers and employees who fear retaliation by hostile employees. Further, because we are living through such a hyper-polarized time, employers are frequently confronted with retaliatory charges of racial, ethnic, and gender bias as a way to avert attention away from the offense and offender.
So, the question all HR managers must ask themselves is, do you have the time and knowhow to conduct a thorough workplace investigation that includes a well laid-out process, or is it wiser to hire a professionally trained private investigations firm like Integrated Security Services and take advantage of the company with a long investigative history and seasoned investigative staff? At Integrated Security Services, our workplace investigations seek to reduce the noise of a messy internal investigation and seek out solutions that provide management with minimal disruption to all departments and staff. Outsourcing these sensitive investigations sends a clear message to the workforce that these matters will be addressed free of preferential treatment, rank or other bias.
At Integrated Security Services, we apply all essential best practices for a discrete yet thorough workplace investigation. They are as follows:
Taking a standardized approach: as a general rule of thumb, we always interview the “Injured” party first then the subject/harasser, witnesses, and then finally the complainant-employee again. Interviews are conducted in a non-coercive environment, and in some instances, with a third-party present to corroborate the interview process was fair for all parties. Recorded virtual interviews are utilized to mitigate travel time and other extraneous investigative expenses.
Understanding the “Why”: before the interview begins, our investigators will provide the employee/witness with the reason they are being interviewed along with the nature of the complaint. Employees and witnesses will know that you will be asking questions related to an incident in the workplace but may not necessarily be able to provide all the details to ensure confidential sources and data is protected.
Time is of the essence approach: workplace misconduct can have an immediate disruptive impact of the work environment if not addressed in a timely manner. If the employee making the misconduct allegation chooses to pursue the matter legally, the courts will evaluate the timeline of the workplace investigation as well as the process this matter was conducted in. Consistency, confidentiality and safety to all will be the standards by which the employer will be judged.
Staying within the lanes: at all times during a workplace investigation, the interview process must be unbiased with both parties being treated in a similar manner. It is not uncommon for employees to perceive HR managers as working towards a certain outcome that is favorable to the company, and this belief can taint their views of the integrity of the investigative process and the trustworthiness of the company.
Gathering the facts: using a formalized approach establishes a consistent methodology which is critical to a high-quality workplace investigation. Investigators must apply best practices and standard fact-finding techniques in order to demonstrate that the interview followed a logical progression with expected outcomes. A written summary should also include the date and location of interviews that took place as well as the titles and roles of the participants.
The Role of a Private Investigator
When the stakes are high, we recommend all HR managers work closely with in-house general counsel or an employment attorney and be guided by their recommendations . Claims of sexual harassment, the threat of workplace violence, and mass fraud are complex violations that can have far reaching implications for the company when approached haphazardly. Any action taken by the HR manager without first consulting with legal counsel may jeopardize the chain of evidence, expose the company to a possible lawsuit, empower the offender and further perpetuate the matter at hand.
As private investigators we maintain the necessary tools, experience, and knowledge while maintaining third-party autonomy. Not only is the team at Integrated Security Services composed of experienced private investigators, but we also have a full staff of licensed security professionals to assess your immediate safety risks should there be the need for personal protection. Where court orders mandate a hostile employee remain away from an employee or company property, counter-surveillance can often be utilized to monitor these individuals.
Lastly, once Integrated Security Services has been retained, all work products become privileged and confidential and will be directed to legal counsel. This includes, but is not limited to service agreements, investigative reports, invoices for payment, etc. This avoids any information leaks, potential claim of custody issues or evidentiary negligence on behalf of the employer.
Conclusion
To reiterate, timely, high quality workplace investigations are crucial to a fair outcome for all parties involved. Done correctly, they can restore calm to your workplace environment and help your team learn from the missteps of others. Performed poorly, they can lead to serious consequences for a company, brand and moral of the workforce.
The role of human resources manager is challenging enough as the chief compliance enforcer of local, state and federal labor laws, as well as recruiting, onboarding and terminating employees. Dealing with workplace misconduct can be time consuming, complex and costly if performed poorly and can lead to serious consequences for the company. Private investigators can play an important role for HR professionals seeking out more effective ways of managing their workplace complaints. Before you attempt to resolve your next serious workplace complaint on your own, consider contacting the investigative staff at Integrated Security Services for our professional advice. Additionally, if your firm is small, does not have in- house counsel and requires legal advice, we can provide you with the names of several employment attorneys we have worked with.
Our seasoned team of investigators is available 24/7 at our toll-free number 888-808-9119 and of course our website at intesecurity.com.
