Termination is one of the last resort actions within an organization. Why? Because it almost always signals a failure somewhere and sends a negative message to current and prospective employees.
Termination also triggers severance pay, unemployment benefits, and other complications that most organizations work hard to avoid.
In fact, there’s no faster way to destroy your employee brand than terminating a large number of employees for performance issues. Unfortunately, that’s not where the missteps end. When considering termination as an option, we recommend avoiding these common pitfalls:
Don’t terminate for the wrong reasons.
Every organization has a different set of expectations for employee performance, but for most companies, a serious performance issue is the last thing on their list.
If you are considering termination, first, make sure you are not making a misstep based on a misunderstanding of the employee’s responsibilities or a misperception of their work. For example, if an IT employee failed to write a system upgrade schedule, that may be a mistake or it may be a sign of a larger problem. You can’t be sure until you ask.
Similarly, don’t terminate an employee because of a personality clash or a misunderstanding between the employee and the manager. Better communication, coaching, and mentoring can often resolve these issues. If an employee is performing well in most respects but has one or two issues related to their core job function, you may want to consider a Performance Improvement Plan (PIP) before termination.
Avoid using a poor performance improvement plan (PIP) as a pre-step before terminating.
Many companies use PIPs to help employees improve performance before terminating for poor performance. Although PIPs are appropriate in some cases, many companies use them as a pre-step to termination.
However, if an employee successfully completes a PIP, they’ve demonstrated they have the potential to improve.
If you terminate an employee following a PIP without cause, you risk a discrimination lawsuit. For example, if you terminate an employee who has a disability following a PIP, that employee may have grounds to file a discrimination lawsuit.
You can protect yourself by documenting the employee’s performance issue and clearly documenting the terms of the PIP. Include clear expectations and a clear completion date. Follow up with the employee at regular intervals to monitor their progress on the PIP.
Don’t terminate without having a record of why you are making the decision.
Terminating an employee for poor performance is risky. Termination is a serious step that can seriously damage your employee brand. As a result, before terminating an employee for poor performance, you must document the employee’s performance issues and the record in writing.
One of the biggest mistakes organizations make is terminating an employee for performance issues without having a paper trail that supports the decision. An employee who has been terminated for poor performance can file a wrongful termination lawsuit.
If you terminate an employee without the appropriate documentation, you may lose the suit and the terminated employee may win severance. If you terminate an employee with the appropriate documentation, they may still file a wrongful termination lawsuit but they will almost always lose.
Don’t rush the decision to terminate based on emotion.
In most organizations, poor performers elicit strong emotions, such as frustration and disappointment. As a result, you may feel the urge to make the termination decision quickly. Don’t do it.
If the employee is a good performer but has one or two major performance issues, you may be able to help the employee improve their performance. If the employee is a poor performer, you may be able to help the employee improve their performance if you give them time, coaching, and mentoring.
Terminating an employee for performance issues is a last resort after every other option has failed, so don’t rush the decision to terminate. Make sure you have exhausted every option before you decide to terminate.
When deciding whether to terminate an employee for performance issues, consider the following:
Have you given the employee clear expectations and sufficient time to meet those expectations?
Is the employee meeting most of the expectations but falling short on one or two core job functions?
Make sure you have an employee handbook that supports your decision.
If you want to terminate an employee with less risk, make sure your employee handbook is up to date and that it supports the decision to terminate. For example, if your handbook calls for progressive discipline, it may not support a decision to terminate for poor performance.
Similarly, if your handbook calls for multiple rounds of coaching or mentoring before terminating, it may not support a decision to terminate following a single round of coaching or mentoring.
Wrapping Up.
Ultimately, terminating an employee is a difficult decision that almost always signals a failure somewhere.
Terminating an employee is not something you want to do unless you have exhausted every other option and have a paper trail that supports the decision. When deciding whether to terminate an employee, make sure you have a clear understanding of their performance issues, that you have given them time and coaching to improve their performance, and that your employee handbook supports the decision to terminate.
Bullying is an unfortunately widespread issue that affects individuals in many different contexts, and the workplace is no exception. Whether it's subtle or overt, bullying in the workplace can have a detrimental effect on the mental health and morale of employees.
It can take many forms, from verbal abuse to withholding resources to manipulation. It is important to understand the different manifestations of bullying and the ways it can be addressed and stopped. Through increased education and training, and by creating an environment of support and respect, organizations can create an atmosphere that discourages bullying and promotes a safe and productive workplace.
What is workplace bullying?
Workplace bullying is a form of psychological abuse in which an individual or group systematically mistreats another person in the context of their job. While not all mistreatment in the workplace is bullying, all bullying is mistreatment in the workplace.
Bullying in the workplace takes many forms, including inappropriate or malicious comments, unreasonable criticism, public humiliation, attacks on one’s character or competence, unreasonable demands, threats, and harassment based on any protected characteristic. It can happen in any type of workplace, from a small company to a multinational corporate office, and can affect employees at every level.
Bullying can take many forms. It can be overt, with a manager or co-worker screaming or berating someone in front of others, or it can be subtle, with comments passed behind closed doors.
Signs of workplace bullying
If you are being bullied at work, you might experience any combination of the following signs:
You start dreading going to work.
You are depressed or anxious, or start feeling that your life is out of control.
You’re experiencing health problems like gastrointestinal issues, headaches, or trouble sleeping.
You have trouble getting along with family and friends, even people who have nothing to do with your job.
You’re putting in long hours without accomplishing anything.
Why workplace bullying is a serious issue
No one should be made to feel unsafe or unhappy at work, but bullying can cause long-lasting effects. Individuals who experience workplace bullying can experience a wide range of symptoms, including anxiety, depression, and physical illness. This can lead to increased absenteeism, doctor visits, and healthcare costs, as well as lost productivity.
A culture of bullying can drive employees out of the workplace entirely, costing organizations millions in recruitment and training costs.
Bullying can also have negative effects on the organization as a whole. Studies show that companies with strong cultures and high employee satisfaction perform better on the whole. While any one instance of bullying can be addressed, bullying that is allowed to continue can have a lasting impact on morale and productivity.
How to create an environment that discourages bullying
Beyond addressing bullying that is already occurring, employers can take steps to prevent bullying from occurring in the first place. By creating a culture that encourages open and honest communication, and that respects every person, whether they are the CEO or a new hire, employers can help prevent bullying.
Employers can also take steps to eliminate imbalances of power in the workplace and avoid creating situations that could lead to bullying. This can include having clear policies and procedures, distributing information on resources and support available to employees, and instituting transparent and fair evaluation practices.
Employers can also encourage employees to speak up when they see bullying occurring. This can include having an anonymous tip line, encouraging peer-to-peer communication, and providing training on how to address bullying and bring it to the attention of management.
Strategies for addressing workplace bullying
Once bullying is reported, employers should investigate and address it immediately. This includes clearly communicating that the behaviour is unacceptable and that those who engage in it will be held accountable.
Employers can take a wide variety of steps to address bullying, including offering training or coaching in skills and communication, providing support services like counselling or employee assistance programs, and taking disciplinary action against anyone found responsible for bullying.
Bullying is often a symptom of a larger problem, such as a toxic culture, poor communication, or a lack of training and skill-building. In addressing bullying, it is important to get to the root of the problem and address it as effectively as possible.
What employers can do to stop workplace bullying
Employers can also take additional steps to put an end to bullying in the workplace, including instituting regular employee surveys, providing resources and support for those affected by bullying, and making sure supervisors and managers are appropriately trained to deal with any instances of bullying that may arise.
The importance of bystander intervention
One of the most important ways that organizations can address bullying is by empowering bystanders to intervene. While it can be helpful to focus on dealing with bullying after it has happened, it can be more effective to prevent it from occurring in the first place.
Those who witness bullying and do not speak up can be called bystanders, and they can take action to discourage bullying and support those affected by it. Bystander intervention can include speaking up when you see bullying occur, or, if it’s not safe to do so, reporting it after the fact. Employers can provide support and training to help employees intervene safely and effectively.
Legal implications of workplace bullying
Workplace bullying is against the law in some jurisdictions, and employers who fail to address it can be held liable for negligence or workplace discrimination.
No one should have to suffer through bullying at work, and, if you are being bullied, you have the right to address it. This includes taking action against your employer if they fail to stop the bullying or make you feel safe at work.
Bullying at work can be a serious and devastating problem. Employers have a responsibility to create a safe and supportive workplace where everyone can feel empowered to do their best work. This means taking swift action against bullying when it happens and proactively addressing the root causes of bullying in the first place. By taking these steps, employers can help put an end to bullying in the workplace once and for all.
Effective ways to create a workplace free of bullying
Ending workplace bullying requires a multi-faceted approach. Employers must take steps to prevent bullying in the first place, respond appropriately when it occurs, and create a culture of respect and support that discourages bullying.
Create a non-punitive environment that encourages open communication.
The best way to prevent bullying is to create an environment where employees feel comfortable addressing issues, reporting concerns, and speaking up for themselves and others. This means creating a non-punitive environment, where employees feel safe bringing up issues without fear of being punished.
Invest in training and coaching to address the root causes of bullying. No one is born with the skills to be a respectful and effective manager or colleague. By investing in training and coaching, employers can help equip employees with the skills they need to positively contribute to their organization.
Provide support and resources to help employees cope with bullying. While it’s important to take action against bullying, it’s also crucial to support employees who have been affected by it. This includes providing resources like counselling and access to employee assistance programs.
Conclusion
Workplace bullying is a serious issue that can have devastating effects on employees. It is important for employers to take steps to prevent bullying from occurring, to respond appropriately when it does happen, and to create a culture of respect and support that discourages bullying.
By taking these steps, employers can help put an end to bullying in the workplace and create a positive environment where everyone can thrive.
Bullying can take many forms. It doesn’t just happen at school or in other social situations; it can also happen at work. However, while many people think of bullying as a rather trivial thing, the effects on the victim can be devastating. And while not everyone who mistreats others at work is doing it as an act of bullying, this is a type of behaviour that can often result in the victim being ostracized and even fired.
Bullying is an insidious thing that creeps up on you when you least expect it, so if you recognize any of these warning signs, you need to take steps to put a stop to it before things get out of hand. Read on for more details about how bullying manifests at work and how you can stop it from getting out of control.
Recognize the signs of bullying at work
Bullying usually takes place behind closed doors, with the bully targeting individuals who are less powerful than they are. There is often a pattern of behaviour, such as a manager taking offence at something an employee has said and then taking it out on them in some way.
Because bullies are often looking to humiliate the people they target, they may engage in subtle forms of harassment, such as raising their voices at employees or making sarcastic comments. Bullying can also take the form of sabotage, such as taking employees’ tasks away from them without giving a reason.
Bullying is intentional — and it’s also easy to spot
While most people might assume that bullying is something that just happens, and is a natural expression of frustration, this isn’t the case. If you think someone is bullying you, then you need to make sure you document everything that happens — including instances where you were mistreated but were too afraid to speak up.
This will help you to prove your case if you decide to go to HR. If you see bullying taking place, you need to be firm in your response to it. Don’t try to pretend that you don’t see what’s going on, or that you don’t care — as this will only serve to make you a target for the bully as well.
It’s also possible for employees to be complicit in bullying
While managers and senior members of staff are often the perpetrators of bullying, it’s also possible for the rest of the staff may be complicit in this type of behaviour.
If you see your colleagues joining in with the bullying, either actively or passively, you must speak up. If you don’t, you might find yourself becoming a target, as bullies often like to silence anyone who tries to stand up for the person they are bullying.
When employees feel bullied, they often react by quitting
It’s important to remember that, while bullying can be a very destructive type of behaviour, it isn’t always obvious at first. In fact, it can take time for the effects of bullying to become apparent, meaning that you might not even realize that you have been bullied until it’s too late.
If you feel that someone is bullying you, you need to take immediate action. As we mentioned earlier, you should document any events that have led you to feel this way, but you also need to tell your manager.
Strategies to help stop workplace bullying
Create a culture of inclusion: There are many different types of people in the world, and when you work with a group of individuals, there is a chance that some of these people might rub each other the wrong way. However, creating a culture of inclusion can help employees feel valued and included, thereby helping to avoid bullying.
Hire the right people: While this might sound ridiculous, it’s true. If you are hiring new employees, make sure that you hire the right people — people who share the same values as you and who will fit in with your current team. This will help to put a stop to bullying in your workplace as soon as it starts.
Don’t ignore bullying: If you see that bullying is happening at your workplace, you need to take action. Make sure that employees know that you will not stand for bullying, and that you have a clear disciplinary policy that applies to everyone. This will stop bullying in its tracks.
Have regular one-on-one meetings: During these meetings, make sure to ask your employees how they feel about the work they are doing. If they feel bullied, make sure that you address the issue immediately.
Offer support to employees: Bullying often occurs because an employee feels that they have no other options. Make sure that your employees know that they can turn to you for help.
Conclusion
Bullying can occur in many different ways, and you must know how to recognize it and how to respond to it.
Although bullying can be subtle, it’s important that you don’t ignore it — otherwise, the situation might escalate and become even more destructive.
Make sure that you take action when you see bullying occurring, and be careful to take steps to avoid it happening to you.
With a bit of careful planning, you should be able to stop bullying before it has a chance to get out of control. Now that you know what to look out for and how to put a stop to workplace bullying, you can be sure that you will have a positive work environment. In fact, you might even have a workplace that’s too positive — but that can’t be a bad thing, right?
Conflict and bullying behavior in the workplace can be stressful and negatively impact employee morale, performance, retention, and company culture.'
Both conflict and bullying have the potential to negatively impact team dynamics. However, there are several ways that organizations can proactively manage these risks before they escalate into more serious problems.
Whether you work as a supervisor or lead a team, being able to identify the early signs of conflict or bullying behavior is crucial because it allows you to take action before things get out of hand.
This guide will give you tips on how to manage these risks effectively so your team members can stay productive while remaining happy at work.
What is bullying behavior in the workplace?
Bullying behavior refers to any repeated, unwanted behavior that creates a hostile or intimidating work environment for another employee.
Workplace bullying can happen in any industry, and it can occur between peers, subordinates, or even supervisors and employees.
While verbal and emotional abuse are common types of bullying, harassment, intimidation, and sabotage can also be forms of bullying. Even if the behavior is subtle, repeated actions can amount to bullying if they create a hostile work environment.
Although bullying behavior can occur in almost any work environment, certain industries are more susceptible than others. Healthcare, construction, and technology are just a few examples of industries where bullying is more frequent.
Examples of bullying behaviors in the workplace include:
Intimidation, sabotage, or destruction of property
Humiliation (public shaming, inappropriate touching, sexual harassment)
Interference with work or withholding critical information
Psychological or emotional abuse (excessive monitoring, withholding praise or feedback, undermining self-confidence with excessive criticism)
Physical abuse
Discrimination based on race, religion, gender, sexual orientation, disability, or other protected categories
What is conflict in the workplace?
Conflict is a natural part of any workplace environment. However, when conflict becomes bullying and creates an uncomfortable work environment, it can have serious repercussions for the company, team members, and supervisors.
Like bullying, conflict can happen in any industry, although certain fields are more susceptible, such as healthcare, construction, and technology.
Conflict is a disagreement that escalates into an argument. It can happen between any two individuals, groups, or departments within the organization.
Conflict can be constructive or destructive, and it can be caused by many factors, including personality clashes, miscommunication, poor organizational structure, and financial concerns.
Although conflict can negatively impact productivity, it can also be used as an opportunity to create positive changes in the organization and improve employee engagement.
What should you do if you observe bullying behavior?
If you observe bullying, you have a duty to report it. Depending on your company’s policy, you may be required to report any bullying behavior, regardless of whether it has escalated to the point of creating a hostile work environment.
There are several signs that indicate bullying has occurred, such as a one-sided pattern of negative interactions between two employees and an ongoing pattern of resentment. If you observe bullying, you should report it to your HR representative or someone in a supervisory position.
You should also report any incidents that could lead to bullying. Examples include aggressive emails, verbal exchanges, or an employee who is critical of others but mostly gets away with it because no one wants to report it.
What should you do if you observe conflict?
First, you should assess the situation to determine whether it is a conflict or bullying. Conflict and bullying are not mutually exclusive, so if you witness some bullying as well as conflict, you should report both.
Before you address the problem, you should evaluate the situation to determine the best course of action.
Conflict is often situational, meaning it is triggered by an event, person, or situation. It can be helpful to note the circumstances that led to the conflict so you can address them directly. If the conflict is ongoing, you should encourage the individuals involved to address the issues directly. If they refuse to do so, you can facilitate a discussion to help resolve the issue. You may need to provide suggestions on how they can communicate without damaging the other person’s feelings.
If the conflict is coming from a few teammates, you might need to intervene before it escalates. You can try to resolve the conflict informally by facilitating a discussion between the individuals involved. If the conflict is between a few individuals and it’s starting to negatively impact the rest of the team, you should address it formally. You can do so by bringing the issue to the attention of your supervisor or HR representative.
Strategies to address workplace conflict and bullying behaviour
Be a mediator - If you observe conflict between two employees, you can use mediation to help resolve the conflict. Mediation is a voluntary process in which you assist the parties in resolving their conflict.
Be a facilitator - If two employees have already tried to resolve their conflict but are unable to find a solution, you can facilitate a discussion between them to help them find a solution.
Be a sounding board - If you’ve tried to help resolve the conflict but one employee just needs to vent, you can be a sounding board. Simply listen to the employee without trying to solve the problem.
Be an active listener - A lot of conflict can be avoided if employees feel they can freely discuss problems without being judged. If two or more employees are disagreeing, you can actively listen to what they have to say and give your input, but only when asked.
Be an objective observer - Sometimes, a conflict between two employees escalates to the point where it interferes with their ability to perform their job duties. In these situations, you can act as an objective observer and report your findings to your supervisor or HR representative.
Conclusion
Managing conflict and bullying behavior in the workplace is challenging, but organizations can take several steps to reduce the risk of these issues.
The first step is to recognize the signs of conflict and bullying so you can intervene before the situation escalates.
After you recognize the signs, you can use several strategies to proactively manage the issues. This will help create a healthy work environment where employees feel comfortable bringing up any problems they have so they can be resolved before they escalate into bullying or other serious problems.
How will your company respond to a workplace allegation? With the recent increase in media coverage regarding sexual harassment by high-profile individuals, more employees are reporting their own experiences of workplace abuse.
While some companies may choose not to conduct an investigation unless driven by legal obligations or other factors, many organizations recognize that prompt and thorough investigations serve both their interests and those of the employee who raised the concern. This blog post provides insights on considerations for conducting workplace investigations when responding to an allegation of misconduct or wrongdoing.
Understand the Company’s Legal Obligations
Before you begin an investigation, you need to understand the company’s legal obligations and how these may influence the scope and timing of the investigation. Some common legal obligations that may inform the scope of or timing of the investigation include:
Investigation of discrimination or harassment claims.
Investigation of employment contract violations: If an employee is accused of violating the terms of their employment contract (e.g., misappropriation of funds, breach of fiduciary duty), the employer is obligated to investigate.
Investigation of workplace health and safety issues: Employers are obligated to investigate workplace health and safety issues and promptly correct any hazards identified.
Knowing Your Company’s Culture
As part of the investigation, you’ll want to understand the company culture. What are people’s perceptions of the company and their place within it? Knowing how people feel about the culture of the organization will help you make informed decisions about actions such as disciplining an offender.
Even if your company has never had a complaint brought against it, you should still consider how cultural factors can impact the results of an investigation. For example, if your company culture is highly driven by competition and pressure, there may be an increased likelihood that someone will fail to report misconduct out of fear of losing their job or being overlooked for promotion.
Knowing The Parties Involved In A Workplace Allegation
As soon as possible after receiving a report, you should begin to build a general understanding of the parties involved. Who was present during the event? Who was not? Who has a vested interest in the event occurring and who doesn’t?
These may seem like basic questions, but you’d be surprised how easy it is to get sidetracked and overlook them during the investigation.
Know your company’s resources and capabilities
Before beginning an investigation, you may want to gauge the company’s capabilities and resources related to investigation capabilities. For example, is there an HR person or team that handles investigations, or is that primarily an executive’s job?
Does your company have the resources to conduct a thorough and timely investigation? These factors may impact the scope and timing of the investigation. For example, if your company handles investigations internally and doesn’t have access to outside investigators, you may have to consider whether a prompt investigation is still possible and determine if that is the best course of action given the circumstances.
Ensure Timing Is Right
If multiple reports of harassment or other misconduct are brought to light, you may want to initiate a prompt investigation of all reports. However, be careful not to overreact to media attention and public sentiment. In other words, don’t try to get ahead of yourself and initiate an investigation just for the sake of doing it. Instead, respond as quickly as possible to each report as it comes in.
If multiple reports are brought to your attention at the same time, your best bet may be to initiate an investigation of each report and then begin to synchronize your investigation efforts across all parties.
Defining The Purpose Of The Investigation into Workplace Allegations
As you begin to investigate, you should define the purpose of the investigation. For example, the investigation may be intended to:
Correct the underlying issue(s) and/or remedy any harm that may have been caused.
Bring clarity to an ambiguous situation.
Help with any potential litigation (by helping an organization prepare for litigation, investigations can often help to reduce the likelihood of litigation).
Resolve questions or concerns an employee or colleague may have.
Assist in determining the next steps or courses of action for the organization.
Defining Your Objectives And Key Questions To Be Answered By The Investigation.
Next, you’ll want to define your objectives and key questions to be answered by the investigation. Some questions you may want to consider include:
What happened?
When and where did the event occur?
Who was involved?
What were the circumstances leading up to the event?
What were the circumstances surrounding the event?
What were the actions of the parties involved?
What were the words and actions of other people in the vicinity?
What were the words and actions of people who were not in the vicinity?
What is the impact of the event?
What is the intent of the event?
What is the motivation of the event?
What are the appropriate responses?
Determining Who Will Conduct The Investigation And What Resources They’ll Have Access To
Once you’ve considered the general investigation considerations, you’ll want to determine who will conduct the investigation and what resources they’ll have access to.
Your options for conducting the investigation may vary depending on the circumstances and severity of the incident. For example, you may want to consider:
Conducting an internal investigation: If the person who reported the misconduct wishes to remain anonymous, you may choose to handle the investigation internally. If you choose to handle the investigation internally, you’ll have full control over the process and the report may or may not ever become public knowledge.
Hiring an outside investigator: You may choose to hire an outside investigator, like a private investigator, to conduct the investigation. This may be the best choice if the incident is severe and should be handled by someone who is trained and skilled in handling workplace investigations.
Using a neutral third party: You may want to use a neutral third party to conduct the investigation. This may be the best choice if two parties are in dispute.
Considerations When Selecting An Investigator Or Counsel
The best investigator or counsel for your investigation will vary depending on the situation, but there are some general considerations you may want to keep in mind as you are selecting an investigator or counsel. Some considerations to keep in mind include:
Local laws: Be sure that the investigator is licensed in your state and meets the minimum requirements (if any) for conducting workplace investigations.
Representation of the parties: Make sure the investigator can represent all parties involved in the investigation. This is especially important if the parties are in dispute with each other.
Independence: Make sure the investigator is independent and can conduct the investigation without bias or prejudice.
During The Investigation: Preserving Evidence And Safeguarding Reputation While Gathering Facts
Once you’ve begun the investigation, there are a few things you’ll want to keep in mind while you’re gathering facts. First and foremost, you’ll want to make sure that you are preserving evidence.
You will need to conduct interviews with all parties involved in the investigation. If multiple people were present during the event, you’ll want to conduct separate interviews with each party so that each has an opportunity to provide their side of the story.
Jolasers is an independent Private Investigations company which has been operating for in excess of 16 year who strive to provide professional workplace investigations.
We undertake all types of investigations, from minor workplace disputes to complex sexual harassment investigations and everything in between. We are based in Bendigo but have undertaken many investigations in Mildura.
We listen carefully to all sides, and as an independent company we know it is much easier to remain impartial whilst determining the facts of the allegations that have led to the investigation.
Once all enquiries are conducted and evidence gathered, we provide a comprehensive report detailing our findings which will enable your company to have the confidence to take the appropriate action.
Our services are cost-effective and easy to access. We understand that workplace disputes can negatively impact your business and productivity, which is why we make every effort to resolve the issue as quickly as possible.
We will work with you to develop a plan that is best suited to your needs and will deliver the best possible outcome.
Call 0418 101 164 to discuss your Mildura workplace investigation requirements.
We will provide you with an upfront quotation to undertake a professional workplace bullying investigation. Click on button below to get a quotation for your workplace investigation.
Jolasers Workplace Investigations are THE Experts in All Things Related to Mildura work place investigations. Do yourself a favor and get in touch with us right now.
The benefits of an external workplace investigation following an employee complaint.
People don’t like to think of their place of work as a ‘hotbed of harassment and discrimination,’ but unfortunately, that’s not always the case.
Even with best-practice HR policies in place, some employees may still be subject to unfair treatment based on their gender, race or other protected class. And while it can be difficult to hear such accusations against your company, it is important that you take them seriously.
Whether you have internal HR staff members or an external third-party agency supporting you, it’s always advisable to conduct an outside workplace investigation should any employee complain about unfair treatment.
There are many different types of workplace investigations; some involve interviewing current employees and past employees who left the company within the past year; others involve conducting focus group interviews with random employees from all departments within the organization, and still others involve bringing in a third party investigator for a neutral perspective.
There are pros and cons for each type of investigation, so read on to learn more about the different ways you can support your organization through an external workplace investigation following an employee complaint.
What’s the benefit of an external workplace investigation?
Employment discrimination and harassment are very serious allegations, so if you’re not sure how best to investigate a complaint, it may be best to bring in an external investigator to do the legwork.
There are a few reasons why an external investigation might be the best choice, including:
The company culture: If there has been a complaint made against the company, it may be that the company’s culture is part of the problem. In this case, bringing in an external investigator may help to reveal the issue, allowing the company to take appropriate action. By hiring an external investigator, you can remove the employees’ sense of “us versus them” and allow the investigator to gather data without bias, providing an unbiased and accurate report.
Impending litigation: If you find that there is merit to the complaint, you may be able to resolve it quickly with a settlement. However, if you do not follow proper procedures and the complaint is made public, the company could be subject to a lawsuit.
The company’s response to the complaint: If you are receiving more than one complaint, it is important that you act quickly and appropriately to address the situation. If you do not, you may find that you have a disgruntled employee population on your hands, which can lead to decreased productivity, increased turnover and decreased profits.
Performing a workplace investigation after an employee complaint
There are a few ways in which an investigation will be conducted, but in general, the investigator will typically follow these steps:
The investigator will conduct interviews with all relevant parties, including the employee who made the complaint and other employees who may have information about the situation and its surrounding circumstances.
The investigator will then review company policies, interview managers and other employees, and gather any supporting documentation or evidence that could be relevant to the situation.
The investigator will then prepare a report of findings, which will include recommendations for resolving the complaint.
The benefits of an investigation in general
An investigation can provide answers to questions that have lingered within your organization for far too long. When employees feel that they have been treated unfairly or as though their concerns are being ignored, they can become increasingly disengaged, leading to increased turnover and reduced productivity.
A workplace investigation can help to identify the source of the problem, allowing you to take the necessary steps to resolve the issue and restore engagement within your company.
It can help to identify the root cause of the issue: If more than one employee has reported experiencing unfair treatment, there is a good chance that there is a systemic problem within your company. An investigation can help to identify the root cause of the issue, allowing you to take appropriate action to resolve it and prevent it from happening again in the future.
It can help to build trust among employees and within the organization: If there is a lack of trust among employees and within the organization, it can have a negative impact on productivity, engagement, reputation and overall success.
An investigation can help to restore trust within the company and demonstrate that you are taking the complaint seriously.
Why you might choose to hire a third-party investigator instead of doing your own internal investigation?
A third-party investigator has no vested interest in the outcome of the investigation and is therefore far less likely to be influenced by personal bias or pressure applied by anyone within the organization.
A third-party investigator may bring different skills and experiences to the table that could be beneficial to the investigation and could allow them to uncover information that your internal team may miss.
You want to remain objective. If you have done your own internal investigation and you do not want to suggest that there is a problem within the company, it may be best to hire a third-party investigator instead. You don't want your investigation to be an “us versus them” situation and may want to conduct the investigation as a neutral third party.
You want to bring an outside perspective: Bringing in an outside investigator may allow them to see the situation from a different perspective and uncover information that you may have missed.
When should you request an internal HR investigation?
If the complaint is regarding a specific employee, you may want to request an internal HR investigation to determine if that employee’s actions have broken company policy or violated the company code of conduct.
An internal investigation generally focuses on whether the company’s policies were followed, as opposed to whether or not the alleged actions were actually true.
You want to determine if the employee’s actions breached company policies: If there are specific complaints but no indication that the employee acted with malicious intent, you may want to conduct an investigation to determine whether the employee’s actions were in keeping with company policy, including things like work hours, dress code, etc.
You want to determine if the employee has any training needs: If there are complaints that indicate that the employee’s actions violated company policies, but the employee did not do so with malicious intent, it may be that the employee simply needs additional training or coaching.
When should you request a third-party investigator?
If the complaint does not fall within the scope of HR and is not about any specific employee, it may be best to hire a third-party investigator to conduct the investigation. This is particularly true if the complaint is very serious in nature and could potentially have significant company-wide implications.
The complaint is very serious: If the complaint is very serious, it can help to distance yourself from the situation, particularly if you are unsure of how to proceed once the complaint has been made public.
While HR may be equipped to handle minor complaints, serious complaints that involve discrimination and harassment could lead to legal action. In this case, it can be helpful to conduct an outside investigation that allows you to stay above the fray.
The complaint is company-wide in nature: If the complaint is company-wide, it can be helpful to bring in an outside investigator who can conduct the investigation without bias and without being influenced by any existing employee relationships.
Conclusion
You never know when an employee will make a complaint about their experience at work, or what that complaint might be about. However, it’s important to remember that an investigation into that complaint can provide valuable insight into your organization as a whole.
Whether you choose to use an internal HR person, or a third-party investigator to conduct an investigation, it’s important to remember that the investigator is there to find answers and is not there to make judgments. An investigation is simply a fact-finding mission that can help to provide clarity and closure.
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Workplace Investigations FAQ
What is a workplace investigation?
An investigation is when you hire a team to look into an allegation raised against your business. The goal is to find out what happened, which can be helpful for HR, for the company’s insurance, and for the people involved.
Investigations can be any misconduct claim, including sexual harassment, discrimination, fraud, theft, and more. Sometimes, HR departments aren’t equipped to handle sensitive matters on their own, so they hire outside investigators as a third party who can help collect and analyze evidence.
Why do workplace investigations happen?
Investigations are usually triggered by two types of events — a complaint or an audit.
Complaints are raised by employees about their work experience, often about fellow employees. Investigators often become involved when a complaint is made, or when a company is audited.
Who runs the investigation?
There are different types of workplace investigations, and each comes with its own set of pros and cons.
Internal investigations - These are conducted in-house by HR or a business owner, who often have limited experience with investigating crimes. They’re usually more concerned with protecting the company’s reputation than gathering facts, so they may miss significant information that could help resolve the situation.
Third-party investigations - An outside agency handles the investigation, which could be particularly useful if your company has a lot of sensitive data that needs to be kept secure.
Law enforcement investigations - This is triggered by an arrest, charge, or other legal event. While the police can help with certain situations, they might not be able to investigate certain issues like discrimination claims.
Where do workplace investigations happen?
Investigators may conduct their interviews with both employees and employers at any location that’s convenient for both sides. The key is to make sure the location is private and confidential — that way, people can be honest without worrying that their words will be shared with other people or groups.
Some investigations will require the use of a private investigator’s office. Private investigators have experience with conducting interviews in an office environment, can maintain privacy and confidentiality, and are often better equipped to handle interview situations that may become volatile.
How long do Workplace Investigations take?
Investigations can take as little as a week or as long as several months, depending on the complexity of the issues involved.
Can we stop and restart an investigation after it’s been running for a while?
Yes. It’s not uncommon for an investigation to stall out or go off track, particularly if it’s an internal investigation. Sometimes, the parties involved stop cooperating with the process, or they may have trouble reaching a mutually satisfactory conclusion. But if you decide you need to restart the investigation, there are a couple of things to keep in mind.
You may need to write a new contract and pay for a new investigation — So make sure you’re clear about what you want to investigate and what the parties are promising to deliver before you start. You may want to rebrand the investigation — the retooled investigation can help you get back on track to a more successful conclusion.
What can we do to make workplace investigations easier?
There are a few steps you can take to make workplace investigations go as smoothly as possible for everyone involved.
Practice good record keeping — This can help you identify trends and improve your policies, helping to prevent future problems from arising. Investigate each complaint thoroughly — Even if the complaint doesn’t turn out to be valid, you should learn from it. Don’t ignore complaints — Even if they seem frivolous, they could be signposts to bigger issues. Investigate fraud or theft promptly — These types of investigations need to be handled as urgently as possible.
If you hire an investigator, make sure you know what the investigator’s role is, and make sure the investigator understands that they are working for you.
What should we do if an employee files a complaint against us?
Sometimes, an investigation is initiated by an employee. If an employee files a complaint against your business, try to be as helpful as possible.
If you’re able to resolve the situation quickly, you might be able to end the investigation before it goes any further.
If you’re unable to resolve the situation quickly, try to get in touch with the employee’s representative as soon as possible. This helps you understand the employee’s concerns and gives you time to gather evidence that helps your side of the story.
What should we do if an employee files a complaint against another employee?
This is an investigation that you’ll need to run, perhaps with the help of HR.
If you receive a complaint about another employee, you first need to decide if the complaint is something you can handle. If it’s minor or internal company policy related, you may be able to handle it. If it’s serious or outside your ability to handle it, you need to escalate it so a different team can handle it, such as HR or the legal team.
Once you’ve decided what to do with the complaint, make sure you follow the appropriate process, whether it be in-house or through HR or engaging a professional investigation company.
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A workplace investigation interview is a very serious situation. For one employee, it may feel like an interrogation. For another employee, it may feel like trick questions designed to trap them into saying something that can be used against them later.
Whether you’re the investigator or the person being interviewed, it’s important to remember that this is not just any conversation – it’s a workplace investigation interview. The stakes are high and the consequences of getting things wrong could be dire for everyone involved. That’s why you need to take time before your next workplace investigation interview to plan out your approach.
You want to come across as non-threatening and trustworthy as possible while still gathering all the information you need to make an informed decision about what happened. Follow these tips on how to plan out your next workplace investigation interview so you can have the best chance of getting all the information you need in the shortest amount of time possible.
Know the Law Before You Walk in the Room
One of the most important things you can do before walking into an interview is to make sure you’re well-versed in the laws of your state that govern workplace investigations. You’re probably going to be asking people questions about their actions and the decisions they made.
If you don’t know the rules that govern workplace investigations in your state, you might unknowingly be asking questions that are illegal. For example, in Victoria, when conducting an investigation, you must inform the person being interviewed that they have the right to have a representative present during the interview. You must also inform the person being interviewed that they have the right to refuse to answer any questions.
Brief All Involved People on What’s Going to Happen Beforehand
Regardless of how well you know everyone involved in your workplace investigation interview, you should always brief them on what’s going to happen during the interview. You want to give everyone being interviewed enough information to feel comfortable participating and know what to expect.
You also want to make sure you and everyone else involved in the interview understands the parameters of the interview, such as where and when it’s taking place, and what actions will happen after the interview.
A simple way to brief everyone involved is to create an interview protocol that everyone receives and signs off on before the interview. Your protocol should include clear expectations for the interview, such as how long it will take and how many people will be in the room. You should also include information about the process of the investigation and information they can provide to help you make a decision.
Start with Open-Ended Questions
Open-ended questions are questions that don’t have a correct or incorrect answer. Instead, they are designed to elicit information from the person being interviewed. For example, instead of asking someone, “Did you steal money from your workplace?” you’d ask, “How did you come to know there was money missing in the workplace?”
All workplace investigation interviews should begin with open-ended questions related to the incident in question. These are the questions that will help you understand the full situation without putting undue pressure on the person being interviewed to defend their actions. For example, ask the person being interviewed, “How did you come to the decision to do X?” or “What factors led to you making the decision to do X?”
Ask Neutral Questions That Don’t Presume Guilt or Innocence
You’re going to want to ask questions that help you understand the person’s point of view, their decision-making process, and their feelings about the incident in question. However, it’s very easy to slip into questioning that unfairly presumes guilt or innocence.
To avoid this, you want to avoid asking questions that start with the words “were you,” “did you,” “did you not,” or “why did you.” For example, you wouldn’t ask, “Were you the one who stole money from the workplace?” Instead, you’d ask, “Can you tell me what happened?”
Summarize and Confirm What You Just Learned
As you’re conducting the interview, you should periodically summarize what you’ve learned so far. This will help you remember important things to ask about next, as well as make sure you’re understanding everything correctly.
When you’re summarizing, you want to make sure to summarize what the person being interviewed has said, not what you think they’ve said. For example, you might say, “So, you were at work when you realized your peer had left a $25,000 error in the ledger, and you needed to correct the mistake before anyone noticed. Is that correct?”
Conclude With an Offer for Resolving Conflict Together
At the end of every workplace investigation interview, you should always offer the person being interviewed a chance to come to an agreement with the other party and/or the company about the situation in question.
While you can’t force anyone to reach a resolution, offering your help in resolving the conflict communicates that you’re open to a resolution and want to find a path forward. It also sends a powerful message that you care about resolving the conflict and not just finding out what happened so you can mete out punishment.
Takeaway
Investigations may have serious consequences for those involved, but they don’t have to be confrontational. If you follow these tips, you can make sure your next investigation is as non-threatening as possible. That’s the best way for everyone to learn what happened and to have the opportunity to move forward in a healthy way.
The truth will come out
The truth always comes out eventually. If it doesn’t in the workplace investigation, it’s only because the wrong person was let off the hook due to inadequate investigation on the part of the employer, or because the person being investigated has lawyered up and is refusing to cooperate. It’s important to keep in mind that an investigation is not a trial and doesn’t have the same standard of proof. In an investigation, all you need to do is find enough evidence to support your conclusion.
