How to Deal with a Workplace Investigations

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A workplace investigation involves a detailed review of an employee’s conduct or performance at work. It is often initiated by the employer when they suspect an employee of misconduct.

Workplace investigations can be scary and challenging, but you don’t need to stress. There are strategies you can use to manage the process and protect your interests.

The scope of a workplace investigation may vary depending on the nature of your role or organisation, but it will almost always involve some form of verbal or document interview with HR representatives, colleagues, managers, or third-party investigators.

This article covers how a workplace investigation works, what kind of issues they usually involve, how to prepare for one and what to do if you receive notification that you’re being investigated at work.

What Is a Workplace Investigation?

A workplace investigation is a review conducted by HR, management or a dedicated Investigations company to understand an employee’s conduct or behaviour at work.

The workplace investigation may be initiated for a number of reasons, including:

– A complaint from a colleague, client, or customer.

– A serious accident or injury that may have been caused by an employee’s negligence.
– An allegation of sexual harassment or discrimination.
– Suspicion of fraud or theft of company assets.
– A major violation of company policies.
– An incident that may result in disciplinary action against an employee.
– Concerns about an employee’s ability to perform their role which may require reassignment due to health or safety reasons.

Reasons for a workplace investigations

Workplace investigations are not punishments, but an ordinary part of business. They are a way for organisations to resolve complaints and achieve a fair outcome.

When workplace investigations are conducted correctly, they can improve morale and trust in leadership, as well as protect employees from discrimination and other forms of misconduct.

There are a number of reasons why your employer may choose to open an investigation. It could be due to the nature of your work, a serious accident, or a written complaint. It may also be a result of company policy violations, fraud allegations, or a misunderstanding between you and a colleague or manager.

An employer will conduct an investigation if they suspect that an employee has done something wrong, even if the employee doesn’t think they have done anything wrong. They will be trying to find out what actually happened. It’s important to know that an employer should not assume that an employee is guilty just because they are conducting an investigation.

What happens during a workplace investigation?

In general, investigative processes is meant to be fair and balanced, but the particular process and outcome of each investigation can vary from organisation to organisation.

During the investigation, an employee will likely be asked to provide pertinent documents and be interviewed by the person conducting the investigation. This may occur in person or remotely through video conferencing.

Employee Rights During an Investigation

There are a few basic rights that employees should be aware of during the investigative process. An investigation doesn’t always result in disciplinary action. It can be used to gather information and clarify events that were previously misunderstood.

An employee has the right to know why they are being investigated.
– They have the right to know what rule they broke or what part of their job they are being investigated for.
– An employee also has the right to representation.
– They have the right to receive a fair investigation.
– An employee has the right to not participate in the investigation but that is usually a poor decision as the investigator will interview all parties and therefore if you refuse to participate in the investigation, you lose the opportunity to present your version of events.

Strategies for Employees to manage the process

There are certain strategies and best practices that you can use to help you manage the investigative process and protect your interests.

Stay Calm. If you’ve received a notification about an investigation, it’s normal to be anxious. You should take some time to compose yourself and gather your thoughts before you respond to a request for information.

Understand the investigation process. Depending on the nature of the investigation, you may have to provide documentation, access to your computer, or interview with HR representatives, managers, or third-party investigators. Be prepared for a long process if you have a lot of information to gather for your employer.

Gather all information required by your employer. This includes providing copies of written communications, digital records, and supporting documentation to help clarify the events in question.

Plan your response. Rushing to respond to an investigation notification may result in a mistake. It’s recommended to take some time to construct a thoughtful and thorough response.

Get help if you need it. If you feel that you don’t have the skills to handle the investigation on your own, get some help.

Keep an open mind. You don’t know what events led up to the investigation, so you don’t know what details may be missing from your perspective.

Be respectful. If you receive a letter or email from your employer regarding an investigation, be respectful and respond accordingly.

Stay positive. You are likely under a lot of stress, but try to stay positive and focused on the outcome that you want.

Don’t jump to conclusions. It’s easy to assume that you know what led up to the investigation, but you don’t. Keep an open mind and let the investigation play out.

Don’t self-impose disciplinary action. During an investigation, it’s normal to be frustrated and feel that you want to jump in and fix what you think is wrong. Resist the urge to impose disciplinary action on yourself. Let the process play out and let your employer make the final decision.

Wrap-up

An investigation usually happens when someone has reported a problem. It could be a colleague, customer, or manager.

Employees are not required to participate in an investigation if they don’t feel comfortable doing so. However, it is generally a good idea to participate to provide your version of events.

An employee has the right to remain silent and decline to answer any questions.. Even if you are not the one being investigated, an investigation can be stressful and scary. Stay calm, take care of yourself, and follow these tips to help manage the process and protect your interests.