b'Worried That #MeToo May Come For You?doing this, how did you react?What was going throughrequired to keep the investigation determination secret or your mind at the time? confidential as between the parties.Even so, discretion Surely you can see how questions like those in (2) are moreis still recommended in the amount of information the likely to keep the witness talking and elicit valuable factualcompany discloses to the parties, including as it relates information than those in (1).Questions like those in (1)to any discipline that may have been imposed.The point are likely to result in an incomplete interview that failsis not to leave anyone guessing about the status of things, to elicit all the facts that may be helpful to the companysbecause they may be inclined to seek their own legal counsel ultimate determination and any employment decisions thatto get their questions answered.(That usually is not a good need to be made. thing for the company.)And finally, companies should be sure to follow through on appropriate discipline, if the Consider making use of written statements.Time anddetermination warranted it after the investigation.time again, we have seen written statements be very valuableConclusionin employment law cases.Documentation is the ultimate evidence.Additionally, for difficult interviews, such asIn todays difficult environment, workplace investigations an interview with Jane, a written statement can be a goodare a valuable tool, but they must be handled with skilled starting point to get critical information while limiting thecare.When they are, workplace investigations can help need to subject the witness to more questions than may becompanies that are seeking to (1) limit their exposure to necessary.Some follow up questions to clarify things in thelegal liability and (2) respond effectively to allegations that written statement may be all that is necessary.The samemay be levied against them and their employees, both now can be said of John, of course, who may find the allegationsand in the future.embarrassing, confusing, or otherwise difficult to respondMatthew Bakota is an attorney in the labor and employment to in the moment. group at Auman Mahan & Furry, located in Dayton, Ohio.He Provide witnesses an opportunity to correct the record.is certified as a Civil Rights Investigator, and as a Professional Often, employers who conduct their own investigations andin Human Resources (PHR) through HRCI.He can be reached begin to find holes or inconsistencies in an employees storyat mjb@amfdayton.com or at 937-223-6003.may be inclined to take action just because of that.They conclude that the employee who seems to have lied also must have done what is being alleged. Experienced Counsel and For example, lets say John provides a story that doesnt match any of the other witnesses, including Jane. Instead ofDetermined Professionalstaking action against John with just that information, good investigators are likely to recommend one additional step: circle back and give John an opportunity to correct what he has said.The company may end up with an admission and aAttorneys resignation, as opposed to having to do a risky termination under facts in which Jane and John have just providedOSHA Defense You Can different accounts concerning the allegations. Workers Comp Defense Rely On for Document everything and use dates.An investigator willLabor & EmploymentEffective document investigation-related interactions and when theyLawoccurred.This includes conversations, interviews, phoneConstruction Law Representationcalls, etc.The bottom line is to show what you did andBusiness Law the results of the efforts.As mentioned, few things are as powerful as documentation. In addition, the documentationLitigation Stephen A. Watringshould be preserved and stored in one place.The companyGary W. Aumanshould not be left searching for things weeks or monthsWilliam H. Barney, IIIlater, trying to cobble together things from several differentRichard L. Carr, Jr.places.Keeping it all together as the investigation proceeds,Donald B. Rineerand leaving it all together when the investigation is over,Amy C. Mitchellis essential. Douglas S. JenksAdvise the parties when the investigation has concludedAbigail K. Whiteand a determination has been made.This is an offshoot ofDavid M. Rickert937-223-6003 Matthew J. Bakotathe point about being timely.Disgruntlement can occur at the end of investigations as well.Therefore, it is importantamfdayton.comto update the parties at the end, too.Companies are not www.mrca.orgMidwest Roofer 11'