Workplace Justice ... Justified? The Critical     Nature of an Investigation

Problem employees, their behaviors and actions frustrate everyone. Frustrated leaders, frustrated employees, frustrated vendors and frustrated customers demand action, sift and immediate. ensuring that those actions are justified requires more. Conducting a thorough, well documented workplace investigation is absolutely necessary. A proper, well documented investigation insulates an employer against unintended consequences, legal action, regulatory intrusion or worst of all the return of a problem individual. An investigation provides the justification.

There are many important factors that must be considered before launching a workplace investigation. First, does the organization have clear, reasonable and understandable policies and work rules in place? Have these been vetting by legal counsel and do they make sense given the nature of the business?

Rules are only effective if they are known. If policies and procedures are in place, have employees been made aware of these rules and the need to comply? Do the employees understand the potential consequences for non-compliance?

Good workplace policies and procedures do not address every possible issue or conflict but, when implemented appropriately, they go a long way towards establishing a fair and consistent work environment. Fair, clear policies and procedures give leaders and employees a solid framework within which to make good business and workplace appropriate decisions. They also inform employees of what is clearly acceptable or unacceptable in the workplace. If problems arise in this environment, an investigation is necessary to ensure decision, disciplinary action or even termination, are justified.

Conducting a workplace investigations can be time consuming. Data collection, witness interviews and computer forensic reviews can be invasive. Investigators can feel pressured to rush or cut corners. However, a good investigator must take the necessary time to collect evidence, review documents and interview relevant witnesses before conclusions can be reached. Good investigators often include status updates in the process of an investigation to ensure leaders are adequately informed.

A fair investigation may need to pursue several theories of what happened. Conflicting accounts may need to be reconciled. The accused individual will need to give an account and even respond to evidence collected. This effort may provide proof of misconduct, or poor performance. It may disprove initial assumption. Either way, a well documented investigation will ensure that an organization is making decision based in fact. Regular communication with relevant stakeholders will ensure that facts and not frustration guide good business decision making.

Fact based decision making, about corrective action up to and including termination, is more likely to demonstrate consistent, fair and equitable treatment. Fact based decisions, made after the completion of a consistently applied investigatory process, are more likely to result in a fair and consistent application of company policies an procedures. Well informed, fact based decision will result in an appropriate level of disciplinary action, which may include termination of employment. If challenged or when confronted by accusations of impropriety, the documented record of a fair, comprehensive and complete investigation will be an organization's first line of defense against any claim of wrong doing, discrimination or unlawful termination.