KemLaw

Employee complaints about the conduct of another employee are not something employers can ignore.

In fact, there are a host of laws (Title VII, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Occupational Safety and Health Act (OSHA), the Sarbanes-Oxley Act, state and local nondiscrimination laws) that obligate employers to investigate such complaints in a timely manner.

Here are seven steps every employer should follow when investigating employee complaints:

• When one co-worker or an outside party makes a complaint against another co-worker for acts of misconduct or violations of company policy, or when it is reported to a manager or a manager otherwise learns that an employee may have engaged in misconduct or violation of company policy, an investigation will need to be conducted into each complaint by the manager (with the assistance of the higher-level manager and/or Human Resources) prior to determining further action (such as imposing any discipline).
• Typically, any investigation will require obtaining signed written statements by the complaining party and any witnesses as to who, what, where, when, and why.
• Typically, the manager responsible for the investigation should not settle for general or conclusory answers; be sure to get the full picture.
• The manager responsible for the investigation should provide the higher-level manager and/or Human Resources with a statement as to how the manager became aware of the incident and what was done to investigate. JUST STICK TO THE FACTS!
• Send all information from the investigation to the higher-level manager and/or Human Resources for review before addressing the incident with the employee accused of wrongdoing.
• Depending on the nature of the incident, and only after consultation with the higher-level manager and/or Human Resources (and outside counsel when necessary) a determination needs to be made as to whether, when and in what format (in-person or in-writing) the employee accused of wrongdoing will be asked to respond and what information will be shared with the employee.
• For complaints of serious or significant acts of misconduct or violations of company policy, an employee accused of wrongdoing may be suspended immediately pending the outcome of the investigation and/or after the incident has been addressed with them. Suspension may be with pay or without pay (depending on circumstances and applicable law).

It’s important to consider interim protection for the accuser or alleged victim to avoid harassment or retaliatory acts by the accused.

Also, remember – protect the confidentiality of any employee claims to the greatest extent possible.

Finally, if you have any doubts about how to handle an investigation or punish employees guilty of misconduct, contact a well-trained employment and labor law attorney for guidance.  Doing so can save your company great expense in the long run.

If you’re an employer and have questions about labor and employment law, including employee investigation, consider calling on the attorneys at Kainen, Escalera & McHale in Connecticut.  We do one thing and one thing only – we are an employer defense law firm – in fact, we are one of the largest employer defense law firms in the region.  What’s more, each of our attorneys has over 20 years of experience in employment law and labor law matters and can provide your business with comprehensive legal counsel ranging from assistance with necessary preventive measures to trial advocacy.  Please contact us if we can help you.

The information provided above is made available by Kainen, Escalera & McHale, P.C. for educational purposes only.  It is not intended to provide specific legal advice to your individual circumstances or legal questions. You acknowledge that neither your reading of, nor posting on, this site establishes an attorney-client relationship between you and our law firm or any of the attorneys in our firm. This information should not be used as a substitute for seeking competent legal advice from a licensed professional attorney in your state nor is it provided for the specific purpose of soliciting your business on any particular matter. Readers of this information should not act upon anything communicated in it without seeking professional counsel.