Do You Know What the Mueller Report Has to do With You? What Are Investigations Supposed to Accomplish?
Not to put too lawyerly a point on the issue, but in most situations, investigations are only supposed to find the facts.
When I’m tasked with conducting workplace investigations, for example, I’m usually asked to try to find out what happened: who, what, where and when, as opposed to recommending any action. In a few situations, I’ve been asked what I would recommend that the client do to rectify what’s happened. But most of the time, I’m simply sent into a situation to dig into the client’s conundrum.
“I’m usually asked to try to find out what happened:
who, what, where and when, as opposed to recommending any action.”
WHAT WAS MUELLER ASKED TO DO? While reasonable minds could differ about the scope of his assignment, most would agree that his purpose was to find out what happened with the alleged Russian interference with our 2016 presidential election. While we all may disagree with his methods or results, Mueller has provided over 400 pages that detail his findings and attempt to resolve that mystery.
WHAT’S NOT MY JOB? Investigations should be thorough, neutral, fair, and respectful to everyone involved. A good investigator does not start out to prove a specific finding, but to solve a puzzle, to the best of their ability. Of course, investigators are human and may make mistakes, but we should do everything possible to avoid the appearance of bias.
I was involved in one workplace investigation, for example, where the alleged wrongdoer objected to my conducting a second interview with them. I frequently need to do so because I have conflicting statements from other witnesses and want to be fair to the person against whom claims have been filed and want to give them a chance to respond to new allegations. Generally, they appreciate the opportunity. In this situation, however, the alleged wrongdoer was incensed, attacking me as biased and stating that: “You’re doing everything you can to get me fired!” I responded that was not my job and that I simply was trying to ferret out the facts to give everyone an opportunity to explain their version of what occurred.
What Should You Do?
- HIRE A TRAINED, EXPERIENCED AND NEUTRAL INVESTIGATOR: Of course, in some situations, it may make sense to charge someone within your organization with this job. But if the situation is at all dicey, or involves someone high up in the organization, the best course of action is to bring in someone from the outside. The appearance of a conflict creates too great a risk that the investigation will appear to be tainted.
- STAY NEUTRAL: The employers’ job in workplace investigations is to remain neutral. Don’t prejudge the situation or express any opinion as to what the facts might be. Make sure that those you lead do the same and that they don’t gossip or discuss the situation. Many times, this can be challenging because these situations are frequently juicy and people want to talk, talk, talk. Make sure that they don’t, and impose consequences if they do.
- OBTAIN AN ORAL REPORT FIRST: I almost always offer an oral report to the client before we put anything in writing. Not because I would change the result based on what anyone says, but because they may point out something that I’ve forgotten to consider or suggest additional witnesses.
- For more information about about conducting thorough, neutral, fair, and respectful investigations read the following Monday Memos:
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Do You Know How and Why to do Team Building After an Investigation?
Important News About Confidentiality in Workplace Investigations
Bryan Williams’ Investigation and How To Do Investigations Right
What Do You Think?
What’s your experience conducting or assessing workplace investigations? Call or write us at: 303-216-1020 or Lynne@workplacesthatwork.com
April 22, 2019
