Conducting a workplace investigation

Last month, we discussed the sigh of relief you can breathe now that the National Labor Relations Board (NLRB) has held employers may require confidentiality during the course of workplace investigations (see “NLRB approves of confidentiality in workplace investigations”). The sharp inhale may return, however, when trying to determine how to handle the investigation. When an employee complains she has been harassed or faced discrimination or retaliation, an investigation must ensue. But what does that look like?

Determining who investigates

First, you must determine who is going to conduct the investigation. Depending on the allegations and the individuals involved, conducting the investigation internally may create bias-related/neutrality concerns. Retaining outside services (e.g., an attorney or HR professional), however, may escalate an already tense situation and/or may not be necessary given the nature of the complaint.

Although consistency in policy and process when handling employee complaints is important, the decision regarding who investigates is often fact-specific and must be analyzed on an individual basis to determine the best course of action for employees and employer. Overall, a neutral investigator is one who acts in good faith and listens to both sides fairly.

Conducting an internal investigation