Investigating Employee Complaints: Managing Expectations

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When you’re staring down a workplace investigation, it’s important to know what’s ahead. Amy Oppenheimer and Christina Ro-Connelly discuss what organizations can expect during an investigation.

Companies today have their hands full determining how to apply accommodations, wage and hour and disability laws to the COVID-19 pandemic. In addition, employee complaints relating to discrimination, harassment and bullying are on the rise. Sexual harassment on Zoom? Yes, it happens. Racial microaggressions around every corner? Perhaps.

EEO complaints and complaints relating to mistreatment and retaliation are skyrocketing. Often, companies lack the internal resources to triage these complaints and conduct a proper investigation. But improper investigations are costly: They can impact employee morale, send the wrong message and lead to unnecessary litigation.

Here are some tips on when to bring in an outside investigator, what sort of investigator to hire and what to expect during the investigation.

When to Investigate

The point of an investigation is to find facts an employer is unsure of. When you receive a complaint or become aware of concerns, ask: If this complaint were true, would we take action? Sometimes the complaint gives rise to a legal issue. Other times it implicates your values and ethics. Ignoring a…

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