What Not To Do: Investigation Faux Pas
What Not To Do: Investigation Faux Pas
What Not To Do: Investigation Faux Pas
The quality of aninternal investigationis tremendously important.Investigations requirehard wor, as you have to fill in all of the holesto take action. Internal investigaors arerequired to havespecific skill sets andexperiencein order to get the most out of an investigation.Here are 5 common investigation mistakes and how to avoid them:
1.Untrained Investigators
Choose an investigator that is an expert in the type of case under investigation. For example, someone with a background inHR investigations probably isn't the bestchoicefor investigating an accounting fraud allegation.Workplace investigations cover a wide range of topics, so make sure your investigative team reflects that. If you don't have someone on your team who is an expert in a particular area, consider using a third party investigator to carry out the investigation to make sure it's done properly.
2. Negligence
Whether you fail to investigate an incident as soon as it's reported or you fail to complete investigation tasks on time, you're being negligent. What are the consequences of negligence you may ask? For starters, negligence can lead to additional lawsuits, increased fines anda negative blow to your personal and professionalreputation. In some locations, such as Ontario, Canada,employees can sue private investigators that were hired by the company to investigate the case if they feel the investigator was negligent during the investigation. To avoid any of those situations, investigate promptly and complete investigation tasks by their due dates to make sure the investigation is wrapped up on time.
3. Failure toKeep Evidence Intact
Block access to evidence immediately:
Seize videos from security cameras.
Immediately place temporary restrictions onaccess to computer systems- internally and externally,to gather files and e-mails.
Seize related paper files, written documents and other materials that risk being shredded or thrown in the trash.
Make evidence preservation the top of yourpriority list. The longer you wait, the more time there is for evidence to be "lost" or destroyed. The article "Sexual Harassment Investigation: Preserve the Evidence," on the Workplace Investigations blog recommends:
"Consider adding a "preservation of evidence" policy toexisting policies aboutworkplace investigations. For instance, some employers have a written policy in their employee handbook that requires all employees to cooperate in internal investigations of the employer. The additional policy might state that employees are prohibited from destroying any documentation that could in any way be relevant to a workplace investigation should they be put on notice of an investigation."
4. Failure to Control The Situation
You will obviously reprimand an employee for their actions if they are found guilty after the investigation wraps.However, there are some investigations that might require action to be taken as theinvestigation unfolds. For example:
If someone is accused of stealing money or fudging the numbers in accounting, it's best to temporarily remove them from those tasks or divide up thetasks upso that there are others who can make sure everything is accounted for.
If an employee complains about harassment, separate them from the "harasser" until the investigation is completed. You don't need to make drastic changes, but reducing the amount of time they have to spend with each other in the workplace is a wise idea.
You have to be very careful when proceeding this way, as significant changes could be consideredretaliatory or make the investigation obvious (ruining confidentiality).
5. Ineffective Investigation Process
Some organizations fail to implement an investigation protocol, or there are internal barriers slowing down the investigation process. Outdated investigation processes, Excel spreadsheets and other manual tracking solutions can tie investigators down. This means that investigators are spending more time inputting information and preparing reports when they could be in the field actively pursuing investigations and ploughing through their case load. Make sure your investigation process works with you. Case management software enables one-click reporting and offers acentralized location for evidence and case information. Automatic alerts make it easier to complete tasks on time, resulting in a timely investigation.
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