Angelus' Post; INTERNAL INVESTIGATIONS: FAIRNESS IS KEY TO SUCCESS

The following are direct quotes taken from the HR Matters Monthly Newsletter and might raise an eyebrow or two.

"Decisions by the Supreme Court provide compelling reasons for employers to perform investigations. A good investigation can protect your organization, while a bad one can become an employee relations fiasco. If you follow the proper process, your investigations should result in the "right" decisions."

"Performed systematically, investigations can prevent potential morale problems, resolve efficiency problems, and prevent legal and financial losses. In short, a good investigation can help you make sound employment decisions. However, poorly conducted internal investigations often result in low morale, negative public relations, and litigation. Therefore, you should have a well-defined process to specify the circumstances in which you will conduct investigations and to help you make confident, fair decisions."

"The consequences of not performing an adequate investigation can be severe. Many employees file lawsuits alleging discrimination, harassment, or wrongful termination as the result of decisions based on inadequate investigations. In fact, both the complaining party and the accused wrongdoer may sue if an investigation was conducted in a shoddy manner or if a decision appears to be unfounded. Significantly, courts tend to punish employers that do not conduct thorough investigations. In addition, employee morale may suffer if employment decisions appear unfair or arbitrary because investigations are not thorough or objective. Most employees value fairness and will respect their employers' decisions if they are based on a structured investigative process."

"One way to keep the goals of an investigative process in focus is to visualize how your organization's procedures and decisions might be viewed in an outside forum, such as a local newspaper or court. You should be confident that your investigative process and decision would be considered fair if held up to public scrutiny."

"As a general rule, you should talk to any person who may have information that would either prove or disprove that the alleged conduct occurred."

"However, there may be times when the evidence is inconclusive and you cannot reach a determination. In these cases, you should not take action against either party. Placing blame where the truth cannot be determined may result in claims of wrongrul discharge, defamation, infliction of emotional distress, or retaliation."

Yes, indeed, the truth is out there!