In the last few posts, I’ve shared information presented by Anita York at the Greater Harbor Area Employment Advisory Council seminar. Past posts on protected categories, supervisor responsibilities, and conducting an investigation can be found at https://affordablebookkeepingandpayroll.com/?p=1857, https://affordablebookkeepingandpayroll.com/?p=1873 and https://affordablebookkeepingandpayroll.com/?p=1880.
Today I’m going to discuss what to do once you have determined the outcome of the investigation. Now that the conclusion has been made, it is time to let those involved in the investigation know the results. Meet with the complainant first (unless the result of the investigation will be termination of the accused). It is generally not appropriate to report every aspect of the investigation. Determine how much of the findings are appropriate to disclose, however, do disclose the conclusion.
If the conclusion is that the accused did engage in inappropriate conduct, let the complainant know that appropriate discipline has, or will be, imposed. Disclosure of the specific disciplinary action may not be appropriate depending on the level of privacy that might be involved. For example, a demotion or termination may be disclosed, but a reduction in pay should not as the accused has a right to privacy in regard to his/here compensation.
If the conclusion is that inappropriate conduct did not occur, or if the outcome is inconclusive, explain the basis for the conclusion. Reiterate the company’s position in regard to retaliation. If the accused has expressed a desire to apologize to the complainant, discuss this and, if the complainant agrees, it must occur in your presence.
When meeting with the accused, disclose the appropriate findings and conclusion of the investigation. If it was found that inappropriate behavior did occur, discuss the company’s position regarding the conduct. Explain that retaliation is not allowed and that they will be fired if they retaliate against anyone. If applicable let him/her know the discipline to be imposed. It should always include a written warning, unless the accused is going to be discharged – in this case a written memo in the file is recommended).
Prepare a written warning which should include:
- A description of the violation
- Reference to the company’s policy against harassment, with a copy attached
- The disciplinary action to be imposed based on the violation
- The company’s expectations in terms of future conduct, including future harassment or retaliation
- Space for signatures for the company and accused. The signature area for the accused should say the warning was discussed with him/her, that he/she has read the warning and the company’s policy, and that he/she understands and will comply with the company’s policy and requirements regarding harassment and retaliation.
Present two copies of the written warning and policy to the accused – one to sign and return, and one to keep. Place the signed copy in his/her personnel file.
Disciplinary action may also include other measures, such as suspension without pay, demotion, termination, or other appropriate measures, depending on the severity of the misconduct. If employment is terminated for any reason, prepare and place written documentation in the personnel file including a statement of the reason for termination. Document the meeting with the accused.
If there is anyone else who “needs to know” in terms of the investigation outcome, meet with them and advise as appropriate. This may include the complainants and/or accused manager(s) or President of the company. It generally does not include witnesses or co-workers.
I hope you found these posts helpful. No one wants to do these investigations, but knowing what needs to be done is necessary. If you need help with any aspect of a workplace investigation, you can contact Anita York, partner with Scott & Whitehead at -222-0133 or [email protected].
Candy
