As a business owner, it’s imperative to maintain a fair workplace environment for all employees. Unfortunately, incidents such as harassment or discrimination require an investigation in order to maintain a fair work environment. Conducting an HR investigation is necessary to ensure that all parties involved are treated fairly and that any necessary corrective action is taken. However, the investigation process can be complex and overwhelming. Whether you’re a seasoned HR professional or new to conducting these investigations, this blog will provide valuable insights to help you confidently navigate the process.
What Is An HR Investigation?
For those unfamiliar with an HR investigation, let’s begin with a basic understanding of it. When an employee makes a complaint within your organization, the HR department is responsible for beginning an HR investigation to discover further details about possible employee misconduct. An HR investigation is a method used to determine what happened and who, if anyone, is responsible. All businesses in the U.S. are obligated by law to investigate these complaints promptly and impartially.
The following are situations in which HR can investigate in the workplace:
- Harassment
- Discrimination
- Health and safety
- Ethics
- Retaliation
It’s critical to get to the bottom of these complaints, as each one can become a lawsuit.
The Importance Of An HR Investigation
HR investigations are essential for employers to maintain a safe and healthy workplace. When incidents of harassment, discrimination, workplace misconduct, or policy violations occur, conducting an HR investigation can do the following:
- Uncover all the facts
- Identify any potential legal liabilities
- Prevent similar incidents from happening in the future
An HR investigation ultimately helps protect employees from further harm and ensures that your business complies with legal requirements and ethical standards. In addition, conducting thorough and fair HR investigations can help build trust and confidence among employees while demonstrating the company’s commitment to a safe and equitable workplace.
Joe Wenger, GMS' Senior HR Generalist, expressed, "It's an essential HR best practice to have an established process in place whenever an internal HR investigation is warranted. The first step is outlining this in your employee handbook, encouraging employees to come forward for any incidents, and reiterating a no-retaliation policy which should also be in place. Having a set process ahead of time that guides employees on what to do and then following through on that process for them will reinforce the idea that workplace safety and security are of up-most importance. This will, in turn, create a happier and more productive workforce."
Conducting An HR Investigation
For various reasons, you must have an HR investigation process before an incident occurs. This process ensures that all employees know your company’s policies and procedures and know what to expect in the event of an incident. This helps prevent misunderstanding and confusion when an investigation is needed. When you have a process in place, it ultimately ensures that investigations are conducted fairly and consistently. By having clear guidelines and procedures, HR professionals can ensure that all parties involved are treated fairly. In addition, having an HR investigation process in place can help minimize the risk of legal liability. Following established procedures and documenting all aspects of the investigation allows HR professionals to protect the company from lawsuits or claims of discrimination or retaliation.
Now that you understand the importance of having an HR investigation process in place, let’s discuss how to create your process:
Review existing policies and procedures
Begin by reviewing any existing policies and procedures related to HR investigations. Determine what’s working well and identify areas that need improvement.
Identify who needs to be involved
Determine who needs to be involved in the investigation process. This could include HR professionals, legal counsel, managers, and other relevant leaders within your organization.
Define the scope of the investigation
Clearly define the scope of the investigation, which can include the type of incident being investigated, the individuals involved, and any relevant timelines or deadlines.
Establish investigation procedures
Develop procedures for conducting the investigation, including how to collect and review evidence, conduct interviews with witnesses and other involved parties, and document the findings.
Communicate with all parties that were involved
It’s essential to communicate the investigation process and any expectations to all parties that were involved in the incident, including the complainant, the accused, and any witnesses.
Follow up and take appropriate action
Once the investigation is complete, follow up with all parties involved and take any necessary corrective action, including disciplinary action (if applicable).
Review and improve the process
The final step is to review your HR investigation process regularly to determine if you need to make any improvements based on feedback and changes in legal and ethical standards.
Consider asking the following questions to ensure you obtain all the necessary information:
- What exactly happened?
- When did the incident occur?
- Have you discussed the incident with anyone?
- Has the behavior affected you and your job?
- Where did the incident occur?
- How did you react?
- Was there anyone else who may have seen or heard the incident?
- Do you have any other relevant information?
- What action do you want the company to take?
Creating an HR investigation process requires careful planning and consideration. Ensuring the process is fair, consistent, and compliant with legal and ethical standards is essential. Following these steps can create an effective and efficient HR investigation process that promotes a safe and healthy workplace for all employees.
Now What?
Conducting an HR investigation can be challenging and complex, but it’s essential for maintaining a safe and healthy workplace. By following the steps outlined throughout this blog, you can ensure that investigations are conducted fairly, consistently, and in compliance with legal and ethical standards. If you’re looking to streamline your HR operations and ensure you’re handling these investigations with expertise, consider working with a professional employer organization (PEO) such as Group Management Services (GMS). A PEO can provide various HR services, including handling investigations and providing guidance on legal and compliance issues. With our expertise and support, you can finally feel confident that your HR investigations are handled professionally and carefully, and that your employees are receiving the support they need to feel safe and valued in your business. Interested in learning more about how GMS can help you and your business thrive? Contact us today.