Privacy, Business and Law

When an employee communicates a complaint, particularly one that could form the basis for a legal action, a thorough and unbiased investigation should be conducted. In so doing, the investigator should remain objective and focus on ascertaining the facts so that appropriate action can be taken.

A reasonable investigation should include a thorough interview with the person who complained, identification and understanding of the rule or rules violated, identification of issues that must be resolved prior to imposition of discipline, evaluation of how other employees subject to similar complaints have been disciplined in the past, evaluation of an investigation’s impact on protected privacy rights, and interviews with all individuals with knowledge of the facts involved. An investigator should keep an open mind and refrain from drawing any conclusion until all of the facts have been obtained. Additionally, the investigator should avoid conduct that causes emotional distress.

After the initial investigation, allow the accused party a full opportunity to explain his or her version of the facts before drawing conclusions. Conduct any further investigation required as a result of information received from the accused party. Review how the company has responded to similar situations in the past. Do not take action before pausing to evaluate the entire situation after knowing all of the facts.