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What Most Organizations Get Wrong About Workplace Investigations

Jul 25, 2024
2 min read

Updated: Jun 29

By the time an organization calls in help with a workplace investigation, they have usually already made at least one mistake. Sometimes several. Not because the people involved are careless or incompetent, but because investigations feel urgent and most organizations do not have a practiced process for handling them. When something happens, the instinct is to move fast, talk to people, and figure out what went on. That instinct is understandable. It is also how investigations get contaminated.


The most common mistake I see is what happens in the first 72 hours after a complaint is filed. Someone in leadership finds out about the allegation and has a conversation, usually well-intentioned, with the person accused. Or they ask around informally to get a sense of what people think happened. Or they reassure the person who filed the complaint that everything will be fine, which creates an expectation they may not be able to fulfill. Any one of those things can compromise the integrity of an investigation before it has formally started.


A proper investigation requires a defined process from intake through findings. That means documenting the complaint as it was received, not as it was summarized or interpreted. It means deciding early whether the investigation will be conducted internally or whether the nature of the allegation requires an independent third party, because sometimes the right answer is that HR is too close to the situation to conduct a fair investigation. It means interviewing witnesses in a logical sequence, starting with the complainant, then moving to corroborating witnesses, and concluding with the subject of the investigation. It means taking notes that capture what people actually said rather than what you concluded from it.


What a good investigation produces is a documented record of facts, a clear assessment of credibility, findings that are supported by the evidence gathered, and a recommended course of action that is proportionate to what the investigation revealed. What it does not produce is a predetermined outcome dressed up in procedural language. The purpose of an investigation is to find out what actually happened, and organizations that treat it as a process for building a case toward a conclusion they have already reached tend to find themselves in much worse trouble later.


The other thing worth understanding is that a well-conducted investigation protects everyone, not just the organization. It protects the person who raised the complaint by ensuring their concern was taken seriously and handled properly. It protects the subject of the investigation by ensuring they had an opportunity to respond. And it creates a record that demonstrates the organization acted appropriately, which matters more than most people realize when a matter eventually ends up in front of an outside authority.


Investigations are not comfortable. But done correctly, they are one of the most important things an organization can do for its people.


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