Properly conducted, a workplace investigation can arm the employer with the facts needed to resolve an issue that carries serious legal and financial risks. Where litigation ensues, a well-crafted investigation can provide the foundation for a successful defense. Mishandled, workplace investigations can become the source of liability, causing the employer to be on the losing end of a lawsuit.
On June 14, Meg LePage led an informative discussion on handling workplace investigations, including the following topics:
When an employer should initiate an investigation
Understanding the purpose(s) of the investigation before you start, including the decisions the investigation will need to support and the persons who will have to make them
When should legal counsel be involved and should the investigation be conducted under the auspices of the attorney client privilege
Defining the scope of the investigation and drafting the charge to the investigator