Q&A

Who is responsible for conducting a workplace investigation?

Who is responsible for conducting a workplace investigation?

The Investigations Manager is responsible for developing the investigation process and monitoring all workplace investigations, regardless of the internal department actually conducting the investigation.

What should I do if I am involved in an investigation?

If applicable, notify the witness’ manager of their involvement in the investigations, so that they can attend any relevant meetings. Thank the interviewee for attending and make any necessary introductions (include an explanation of roles).

What are the consequences of a workplace investigation?

These consequences include Damage to someone’s reputation if others learn that the allegations were made. The success of the investigation can be undermined if others know of the investigation. The subject of the investigation could try to cover-up any misconduct if they learn they are being investigated.

Who is responsible for investigating code of business conduct?

The Company’s Corporate Compliance Department (“Compliance”) has primary responsibility to ensure that incidents of actual or suspected violations of the Code of Business Conduct (the “Code”) are properly investigated. The investigation usually begins with a report of a possible Code violation to the Company Compliance and Ethics Line.

How does a workplace investigation start and end?

Workplace investigations typically start with an allegation. Perhaps an employee makes a complaint about another employee or manager. Or perhaps he or she advises of an employee harassing another employee. Regardless of the specifics of the allegation at hand, there are some steps that employers should always take at the start of the process.

Can a former employee be involved in an investigation?

Employers may require current employees to participate in investigations. They have no such control over former employees. Some ex-employees may have information to share, but have moved on to new employment, are busy, or do not wish to be involved.

What should an investigator do when an employee complains?

When speaking with the complaining employee, the investigator should try to obtain as many facts as possible, including the who, what, why, when and where of the employee’s complaint.

What happens if a company fails to do an investigation?

There are a number of legal traps waiting for companies that conduct an improper investigation or fail to investigate at all. Generally, these traps come in the form of lawsuits brought either by an employee who was a victim of inappropriate behavior in the workplace or by an employee who was disciplined or fired after being accused of misconduct.