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EE Investigations

Last post 03-18-2008, 10:26 AM by BKate. 7 replies.
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  •  03-11-2008, 11:38 AM 4333

    evaus2 is not online. Last active: 03-11-2008, 12:02 PM evaus2



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  • EE Investigations

    Hello I'm new to the world of HR Management in the retail industry, and one of my weaknesses is in the area of investigations. Does anyone have any resources they would be willing to share that details how to conduct an effective investigation regarding harassment, misconduct, etc.  My email any resources to '); document.write('yahoo.com');//--> evaus2yahoo.com
  •  03-11-2008, 12:27 PM 4337 in reply to 4333

    HRforME is not online. Last active: 09-06-2008, 3:53 PM HRforME



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  • Re: EE Investigations

    FindLaw has a great checklist for Sex Harass investigations that could be modified for other types at :

    http://smallbusiness.findlaw.com/business-forms-contracts/form2-39.html

     

  •  03-11-2008, 2:19 PM 4340 in reply to 4333

    IT HR is not online. Last active: Fri, Sep 05 2008, 10:58 AM IT HR



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  • Re: EE Investigations

    If you are a member of this website (hr.blr.com), they have some white papers, checklists, training guides, etc. about harassment investigations. 
  •  03-12-2008, 12:11 PM 4343 in reply to 4340

    TXHRGuy is not online. Last active: 09-06-2008, 5:02 PM TXHRGuy



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  • Re: EE Investigations

    SHRM also has some good white papers on investigations.

  •  03-17-2008, 3:11 PM 4382 in reply to 4343

    aharris1 is not online. Last active: 06-09-2008, 2:04 PM aharris1



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  • Re: EE Investigations

    BLR as well as Thompson's Publishing has some great guides to employee investigations. I worked in Employee Relations and you really need to make sure you have solid documentation during the investigations and that witness statements are signed and dated by that person. Best of luck to you.

     

     

    Angie

    HR Director 

  •  03-17-2008, 4:41 PM 4387 in reply to 4382

    IT HR is not online. Last active: Fri, Sep 05 2008, 10:58 AM IT HR



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  • Re: EE Investigations

    One other thing to remember is that courts will look more favorably in your direction if you start the investigation within a timely manner.   A couple of recent court cases I have seen talked about this being with in 24 hours of you learning about an alleged incident.  The courts say you have a duty to investigate and that duty means investigate it now and not when you feel like it or when you get time.  Starting the investigation right away shows that you are taking the allegations seriously and want to get to the bottom of the issue.
  •  03-17-2008, 6:22 PM 4390 in reply to 4387

    TXHRGuy is not online. Last active: 09-06-2008, 5:02 PM TXHRGuy



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  • Re: EE Investigations

    IT HR:
    One other thing to remember is that courts will look more favorably in your direction if you start the investigation within a timely manner.   A couple of recent court cases I have seen talked about this being with in 24 hours of you learning about an alleged incident.  The courts say you have a duty to investigate and that duty means investigate it now and not when you feel like it or when you get time.  Starting the investigation right away shows that you are taking the allegations seriously and want to get to the bottom of the issue.

    Essentially, when you permit a delay, you are communicating that it is acceptable to you that (alleged) harassment continue until you have time to deal with it.  Put another way, saying that you'd rather wait until tomorrow is like saying you'd rather allow sexual harassment (potentially) to continue until tomorrow.

    One of the big things in investigations, since we're getting into specifics about investigations rather than resources, is to understand what, exactly, it is that you are investigating.  In a harassment case, the questions to investigate are things like, "What was the behavior that was alleged to have been harassment (or a violation of the company's anti-harassment policy, which is usually more strict than the legal standard of sexual harassment)", "Who witnessed the alleged harassing behavior", "When did the reported behaviors occur," and "Where did the reportedly harassing behaviors occur"?  I've seen investigatory notes that were merely stream of consciousness typing that didn't necessarily help.  When you have a complaint, understanding what the questions are that you are trying to answer by investigating will help keep your investigation on track.  A lot of times, it's important to see how the answers to these questions mesh.  You can end up with strange situations like a bus boy reportedly harassing a waitress, reportedly in full view of the waitresses' best friend....on the roof of the building next door during working hours.  That should lead you to question things like, why were they on the roof?  Why were they on the building next door?

    More than once in your career  you will find in the course of your investigation that the complainant has violated policies and you should enforce company policy evenly, without regard for whether or not the harassment complaint was substantiated, unless the policy violations are related to, for example, steps the employee took to avoid harassment, such as hiding in the bathroom, possibly constituting unapproved absence from his or her work station.

  •  03-18-2008, 10:26 AM 4397 in reply to 4390

    BKate is not online. Last active: 05-02-2008, 2:55 PM BKate



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  • Re: EE Investigations

    The EEOC has a guidance regarding responses to sexual harassment complaints that has good information on what they consider to be an effective investigation. Try http://www.eeoc.gov/policy/docs/harassment.html#VC1e

     


    Kate
    HR Manager
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