five reasons you don't want to rush into a workplace investigation
A few weeks ago, a new client reached out to me to ask me to conduct a workplace investigation related to allegations of sexual harassment. Given the serious nature of the allegations, the client was (understandably) anxious for me to get started. They asked if I could meet with the complainant (the person filing the complaint) that afternoon.
And my answer was no. A hard no.
Here’s why.
When you rush (or worse, skip altogether!) the planning process of a workplace investigation, you miss steps, you get sloppy and you make mistakes that can be serious enough to compromise the integrity of the investigation.
Some of the common mistakes that can be made if you rush or skip the planning process include:
Failing to clarify the mandate or scope of the investigation – i.e. what are the specific allegations that are being investigated? When the scope of the investigation isn’t clearly defined, there’s a risk of “throwing everything and the kitchen sink” at the investigation. In these situations, the process can quickly move from ‘investigation’ to ‘witch hunt’.
Failing to review and follow the investigation process outlined in the policies or collective agreement. If an investigator doesn’t follow the investigation process that is laid out in the organization’s policies, it can affect the participants’ trust and confidence in the investigation process.
Failing to provide the complainant and respondent with sufficient advance notice of investigation interviews so they have time to mentally prepare for the meeting and can arrange for a support resource, should they require it.
Failing to provide the respondent (the person accused of the misconduct) with procedural fairness and the relevant information (i.e. who filed the complaint, a summary of the key allegations levied against them) in advance so they are not blindsided during the investigation interview.
Failing to adequately prepare for the investigation interviews. Thoughtful preparation for the investigation interviews involves preparing confidentiality agreements for the participants, reviewing the complaint or summary of allegations in detail, and developing thoughtfully crafted questions for the participants related to each allegation, etc.
Why is planning an investigation important?
Planning leads to a successful investigation that is conducted from a place of empathy and integrity, with findings that can hold up when challenged.
Think of planning a workplace investigation in the same way that you protect your new leather boots before you wear them out on a snowy day. Protecting your boots helps them to weather the elements (snow and salt) they are exposed to. Protecting your boots ensures that they look nicer and last longer. When you don’t protect your leather boots, they dry, split and crack. And leather boots aren’t cheap, so wouldn’t you prefer to invest a bit of time up front to protect them so that they can serve you better and last longer?
The same is true for workplace investigations. If you invest the time, care and energy to plan the process up front, it will save you time, energy, patience and heartache down the road.
Fun fact: I’m an ENFJ, so I’m a planner at heart and if I’m being really honest, I’m also a bit of a control freak. The good news is that these qualities serve me well as a workplace investigator, and the better news is that these qualities are about to serve you well, too!
I’m excited to share a free workshop that I’ve created: Steal my Secret to Planning Workplace Investigations. This has been my secret to planning and organizing effective workplace investigations. If you’re an HR professional who is looking to streamline the workplace investigation planning process - this is for you. Get ready, because we’re about to kick frustration, overwhelm, and stress to the curb.
When you sign up for the free workshop, you’ll also get a practically done-for-you workplace investigation roadmap template. Once you’ve watched the workshop and downloaded the roadmap, leave me a comment to let me know what you think of it!
Happy workplace investigation planning!
April 13, 2021