What happens if you get investigated by human resources?

During my human resources career, I’ve conducted more than my fair share of investigations. Some that turned out to be nothing and others that has serious consequences. Needless to say, investigations are not fun for anyone involved. Today’s reader question deals with handling the situation.

What should an employer ask during an investigation?

Note: Depending on the nature of the complaint, the employer may want to consider options to separate the complaining employee and the accused employee during the investigation. For each allegation that the complaining employee raises, the investigator should ask him or her:

How to conduct an effective HR investigation interview?

Determine whether you will conduct investigation interviews 1×1 or whether you’ll have a neutral observer present (for example, the employee’s supervisor/manager or another HR professional). Decide which approach will enable the Interviewee to be most comfortable being forthright.

What happens if you fail to cooperate with an employer investigation?

Every employee has a duty to reasonably cooperate with an employer’s investigation. For an at-will employee (no written contract) at a private sector employer, failure to reasonably cooperate with your employer’s investigation could be grounds for discipline or discharge.

What happens during an employee investigation-ask HR?

It is important to keep in mind that not everything a complainant may not like is necessarily retaliation. Managing poor performance is usually not retaliation where the employer can show it started the process before the complaint and others have been performance managed for same or similar reasons.

Why is it difficult to conduct a workplace investigation?

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. Managers make mistakes because they aren’t properly trained or they’re under pressure to resolve complaints quickly.

Is it easy to do a misconduct investigation?

Misconduct investigations are never easy for any HR manager. But they’re necessary and no one’s going to escape that duty for long. To make the job a little easier, attorney Jennifer Brown Shaw offers her suggestions for how to brief and question the complaining employee, the accused employee, and witnesses.

What are the questions to ask in an investigation?

You will be garnering this information from employees who are involved or are witnesses to the subject of the investigation. Download the free cheat sheet: Top 20 Questions to Ask in an Investigation Interview. It is crucial to your investigation that you maintain consistency by asking every witness the same questions.

Is it against the law to retaliate against an HR investigation?

As you lead any HR investigation, you should be on the lookout for retaliation. It is against the law for employers or other employees to retaliate against employees who submit a complaint. If the employee was acting in good faith with their complaint, your organization must respond in good faith.

Why do you need an HR investigation protocol?

An HR investigation protocol also prevents you from acting based on emotions rather than evidence. “Too many times, someone brings forward a concern and the person listening is stunned,” says Cassie. “If you don’t have a protocol, it can be difficult to remain deliberate and neutral. Don’t go directly to the person accused.

Is there a way to wrap up an HR investigation?

There are few hard-and-fast rules about how to wrap up an HR investigation in a way that encourages a smooth transition back to work. The right path may depend on the nature of the offense, the culture of your organization, and the individuals involved.

What’s the best way to conduct an HR investigation?

Take any necessary action. Decide who will investigate. Plan the investigation. Collect data. Analyze data and make a decision. Create a report. You don’t work at a detective agency; you’re an HR pro (unless you’re an HR pro at a detective agency).

What happens in a poorly conducted workplace investigation?

Support and shape the future of talent management live online, or in-person. Conducting workplace investigations is one of the most challenging duties that HR professionals must take on. A poorly conducted internal investigation can cost a company financially, damage its reputation and decrease employee morale.