b'Worried That #MeToo May Come For You?time, they both can be effective in trying to manage theFrustratedemployeescan potential risks facing your company.Investigation Best Practices become disgruntled employees, When discussing investigation specifics, I have found itand those typically present increased risk helpful to use a hypothetical scenario to provide some additional context.So, here is our hypothetical. to your companySuppose your company receives a report that your employee,to update the involved parties as progress is made and as Jane, is being subjected to sexual harassment by one of herthe investigation gets underway.(And if time and staffing is co-workers, John.Well assume that your company has aa significant issue for your company, those can be the most solid, updated anti-harassment policy.(If you dont, thisimportant times in which to consider an outside investigator, also is something that should be immediately addressedwho can devote the time and attention needed.Yes, there given the current climate.)Because of the circumstanceswill be an expense associated with doing that.However, surrounding these two employees, you see that there is riskspending a little now can save much more in the long run, whichever way you turn. because an untimely or otherwise deficient investigation Jane could be the source of a claim against your companycan expose your company to legal claims and a costly if you do any of the following:fail to take enough actionemployment lawsuit.)upon receiving the report of sex-based harassment and/ Make a plan for the investigation.An investigator should or discrimination; permit an environment in which shecarefully consider what witnesses should be interviewed and could be the target of unlawful retaliation for reporting herin what order?Also what information, if any, should be given allegations; or reach a result that she deems unsatisfactory,to witnesses regarding the allegations or the investigation? in terms of the follow up action taken at the conclusion ofWhat questions should be asked of the witnesses, and in the investigation (discipline, etc.). what order?Witness interviews can really backfire if they John also could be the source of a claim, however, dependingare not planned with care.On that noteon what action you take against him.Under our hypothetical,Conduct witness interviews carefully.When it comes to well assume that John is a minority or member of anotherinterviews, there are many not-so-obvious tips that can be class of workers protected by federal and/or state anti- critical to conducting an effective interview.For example, discrimination laws.Therefore, he is the potential source ofan investigator seeking to conduct a worthwhile interview a discrimination claim.If he is separated from the companywill not say or do anything that he/she wouldnt do if the in connection with the current allegations, he may allegeparty on the other side of the allegations was in the room. that the real reason was that he is a member of a protectedAn investigator usually will give the appearance of being class.It can be rather easy for him to make such allegations;neutral, while still being responsive and obviously treating however, a solid investigation can go a long way to refutingthe matter seriously.such arguments.With that, here are some examples of best practices thatAn investigator also will use open-ended questions whenever would be used during an investigation into the allegationspossible.Witnesses must know that they need to be truthful concerning these two (hypothetical) employees: and forthcoming, and that their failure to do so may be cause for separation from the company.But, at the same Consider interim measures even before the investigationtime, something that feels like an interrogation or a cross-begins.Jumping to a conclusion without investigationexamination may give the impression that the company has creates a risk of liability for your company, but it may not bealready determined the outcome, which is the opposite of possible or advisable to have John and Jane around each otherwhat an effective investigation usually should convey.in the office while an investigation is underway concerningInaddition,openendedquestionstypicallyhelpan serious allegations.Therefore, it may be advisable to useinvestigator avoid inserting facts or assumptions into some interim measures while the investigation takes place,questions.Doing that can lead to inaccurate responses or and before any final employment decisions are made.Keepgive the wrong impression to witnesses.For example, when in mind, however, that any interim measure that seems likedealing with witnesses who have been subjected to something a severe penalty and/or a de facto termination (long-termthat may have been very troubling or even traumatic, it is suspension, etc.) can expose your company to liability ascritical for an investigator not to ask questions in a way that well, because it may seem like the company made up itssounds like blame is being placed on them.Compare these mind prior to investigating. two types of questions directed to Jane:(1) Jane, you said Be timely.Few things frustrate parties dealing with difficultsomeone came into the breakroom while John was doing circumstances more than delay.Frustrated employees canthiswhy didnt you saying anything then? vs. (2) Jane, become disgruntled employees, and those typically presentwhen the person walked into the breakroom while John was increased risk to your company.Therefore, it is important 10 www.mrca.orgMidwest Roofer'