An employee walks into your office and nervously shares a concern about another employee’s behavior. You might be tempted to brush it off, thinking it will blow over. But ignoring or mishandling complaints can cost your company far more than you think.
Failing to investigate properly or worse, not investigating at all, could lead to business disruption, financial losses, and serious damage to your company’s reputation. Read on to learn:
- When you should investigate a workplace complaint
- What can go wrong if complaints are ignored or investigations fall short
- Steps to take to conduct a thorough, unbiased investigation
When should you investigate?
The short answer: Always.
No matter how minor or vague a complaint may seem, it should be investigated. Whether it’s about harassment, discrimination, theft, or any other workplace misconduct, addressing the issue promptly and thoroughly demonstrates your company’s commitment to a safe and lawful workplace. Keep in mind that the alleged perpetrator need not be an employee. Anyone who interacts with your company – clients and vendors, for example, may be the subject of a workplace investigation.
Even if an employee asks you not to investigate, you’re still responsible for doing so. Once you become aware of potentially unlawful behavior, the company may be liable for failing to address it if that behavior causes damage. Ignoring a complaint could lead to legal action, government investigations, or public backlash on social media.
What happens if you ignore or mishandle complaints?
Failing to investigate or conducting a rushed or biased investigation can expose your company to significant risks.
Courts and government agencies view incomplete investigations as negligence, potentially resulting in fines, penalties, and judgments against your business. Beyond the legal fallout, mishandled complaints damage employee trust, negatively affect workplace morale, and hurt your company’s reputation.
A flawed investigation also removes critical legal defenses that proper investigations provide, leaving your business vulnerable to claims of neglect or misconduct.
Steps to take to conduct a thorough, unbiased investigation
1. Start with an impartial investigator. Whether it’s an experienced human resource professional or an employment attorney, choose someone unbiased – preferably outside your company – who can navigate sensitive situations, understands the law, and will maintain neutrality.
2. Begin promptly. Waiting too long to conduct an investigation may mean you’ll have less factual evidence, as memories fade and documents vanish, and also reduces the positive message that the company takes its employees’ complaints seriously.
3. Gather all the facts. This includes interviews with all relevant parties and documentation, including emails, text messages, and social media posts.
4. Maintain confidentiality. Share details only with those who need to know, and ensure all parties involved understand the importance of discretion.
5. Document everything. Keep detailed records of the investigation process, findings, and conclusions to protect your business in case of future disputes.
Why do workplace investigations matter?
Conducting proper workplace investigations saves your company time, money, and its reputation. And taking such proactive measures as implementing clear anti-harassment policies can help prevent issues before they arise.
If you need an unbiased, experienced workplace investigator or help creating policies that protect your business, contact us at 973.787.8442 or legaladmin@alixrubinlaw.com.
This blog is for informational purposes only. It is not offered as legal advice, nor is it intended to create an attorney-client relationship with any reader. Consult with competent local employment counsel to determine how the matters addressed here may affect you.
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