Conducting Effective Legal Workplace Investigations
It today's complex employment
environment, it is necessary that a supervisor, manager or HR representative
should conduct a workplace investigation. Simply we can say, investigations are
nothing but fact-finding missions. Whether the facts are known, or if there is
simply a mistrust of wrong-doing, managers must be able to prove with clear and
certain facts before taking any action to prove their positions.
In the process of conducting legal investigations,
information will be uncovered that will either support or rebut wrong-doing.
With all the information in-hand, the investigator can then either discipline
the employee, or document no wrong-doing and close the investigation.
This series is going to overview
the benefits and some steps of conducting a thorough, legal investigation.
When Should You Investigate?
Investigations come in different forms. Sometimes they require a minimum amount
of research-such as confirming any absences; and other times a little more
action is needed such as rendering evidence of poor job performance. There are
other situations that would start an investigation as well, such as domineering
which is not yet amerceable, but could be hazardous and troubled and should be
addressed as sincere and mendacious behavior.
However, there are times when formal investigations are
compulsory. There are many sample of situations that would demand an
investigation.
Such as suspected illegal activities, suspicion of substance
abuse, violence or threats of violence, on the job injuries, claims of
discrimination or harassment.
Providing a Safe Work Environment:
Businesses have a responsibility to provide a safe workplace as possible. When
someone or something is harmed or threatened by any means, the company has a
responsibility to investigate; it cannot be passive and wait for an employee to
step forward with problems or concerns.
Employers are required to investigate if they surmise
problems or any issues are present. In fact, through an in-depth investigation,
the duty to respond is so clear that an employee cannot prevent management from
taking action. An employer's failure to investigate may allow a jury to enforce
liability on the employer. If the higher management will notice of the problem
it may later face civil liability if it fails to look into the problem and act
to prevent recurrence or expansion.
There is still a duty to investigate, even if the victim
does not come forward or wish to participate. In case of informal or formal
process, management is responsible for assure employees follow corporate
policies and for offering a safe work environment.
Ultimately, the liability for workplace problems depends on
the employer's response to them. Companies that ignore misconduct or safety
issues can face crucial consequences for not taking action. On the other hand,
liability can be importantly limited if an employer can show that it quickly
responded to a problem. So legal investigations are necessary in every case.
For more details on how to investigate legally, visit us at Providenceinvestigations.com.
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