Suspension pending investigation is one of the most important steps in an internal investigation. It does much to avoid unnecessary litigation. You can always decide at the end of the investigation to pay employee for suspension.
Total Investigation Interview everyone. Get handwritten, signed statements from everyone, especially the accused and the accuser. Come to a decision based on all of the facts.
Concluding Investigations • Provide written notice of the decision. • Provide an internal hearing process for challenging the decision.
Make credibility determinations. Be consistent and fair. Always be mindful of the prior discipline (or lack thereof) of other employees. We are the watchdogs of equity and fairness.
Never rely upon the “at-will” rule. Terminate only for just cause. Do the right thing. Protect privacy and individuality as much as practicable. Stand up against wrongs that need to be righted.
Investigation tips: • Timing – as soon as possible • Legal counsel – maybe, but avoid making your attorney a witness • When is an independent investigation necessary? – Any violation of policy that is not admitted • Keep records of investigation separate from personnel file
Preventive Discipline Rules Take steps to be consistent in employee discipline.
• Knowledge of • Suspension pending employees investigation • Performance • Total investigation • Notice & hearing standards • Consistency & • Progressive discipline • Grievance procedure fairness • Documentation • Just cause discharges
The Preventive Program Take steps to prevent discrimination and harassment.
• Establish standards • Create quality culture • Define HR • Foster communications • Educate managers • Promote from within • Discipline on facts • Determine labor policy • Develop pay plan • Fight when right
Any questions? Thank you!
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