The Essential Guide to Workplace Investigations: How to Handle Employee Complaints & Problems

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9781413312041: The Essential Guide to Workplace Investigations: How to Handle Employee Complaints & Problems
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Investigate and resolve common workplace complaints and problems

The Essential Guide to Workplace Investigations is both a legal and practical book, packed with tips and strategies that will help you sort out your workplace problems, quickly, and effectively. Use this affordable, step-by-step guide to investigate and resolve every kind of workplace problem, including common issues such as harassment, employee theft, and workplace violence.

This thorough guide provides all the plain-English forms, sample policies, checklists, and sample documentation that managers, supervisors, business owners, and human resources professionals need to conduct a successful investigation that will stand up in court. Get the facts on:

  • deciding whether to investigate
  • choosing an investigator
  • interviewing and gathering evidence
  • evaluating the evidence
  • documenting the investigation
  • taking action and following up

    The 2nd edition of The Essential Guide to Workplace Investigationsincludes a brand new chapter on investigating employee substance abuse, plus updated charts and legal resources for all 50 states. It also incorporates the latest legal developments in employment law, including changes to the Americans with Disabilities Act (ADA) and important Supreme Court decisions on age discrimination, age retaliation, and more. All forms, as well as sample audio interviews and scenarios, are included on a CD-ROM.
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    About the Author:

    Guerin, an editor/author specializing in employment law, is author or co-author of several Nolo books, including The Manager's Legal Handbook, Dealing with Problem Employees, Nolo's Essential Guide to Federal Employment Laws, Workplace Investigations, Create Your Own Employee Handbook, and Nolo's Guide to California Law. Guerin has practiced employment law in government, public interest, and private practice where she represented clients at all levels of state and federal courts and in agency proceedings. She is a graduate of Boalt Hall School of Law at the University of California at Berkeley.

    Excerpt. Reprinted by permission. All rights reserved.:

    Introduction

    Chances are good that you picked up this book because you've become aware of a potentially serious problem at your company and you're not quite sure how to handle it. Maybe you've heard a complaint or report of misconduct that sounds something like this:

    "Every time I go into John's office, he's looking at porn on the Internet -- it's really starting to offend me and some of the other women in the office."

    "We've finished our internal audit, and the numbers just don't add up. I think we may have a thief on our payroll."

    "I've been passed over for promotion three times, and each time the job has gone to a younger person who doesn't have my experience or training. I feel like I'm being discriminated against."

    "Mark has been really angry lately -- he keeps talking about his gun collection, and yesterday he told me that 'management is about to get what's coming to them.' I'm afraid of what he might do."

    Now you're facing some tough decisions: Whom should you believe? What really happened and why? How serious is this problem? What should you do about it? And, can you handle this without creating legal problems for the company?

    A complete, impartial, and timely investigation will help you answer these questions and figure out what to do. In fact, a proper investigation is one of the most important tools for maintaining a safe and productive workplace -- and keeping your company out of legal trouble.

    This book gives you the tools and information you need to conduct a successful investigation. Part I (Chapters 1 through 4) describes in detail the ten steps to a successful investigation of any kind of workplace problem. Part II (Chapters 5 through 8) takes a closer look at four common workplace problems -- discrimination, harassment, theft, and violence -- and explains how to handle the special investigation challenges posed by each.

    This chapter will help you get started. It introduces the benefits and basic components of a proper workplace investigation, including the actions you will have to take -- and decisions you will have to make -- along the way. (Each of these steps is covered in detail in Chapters 2 through 4.) It also covers some common investigation mistakes that can lead to legal trouble -- and tips that will help you avoid them.

    Investigations Require Judgment Calls
    Although most investigations will require you to at least consider each of these ten steps, every situation is a little bit different. Workplace problems rarely land on your desk in a tidy package with an obvious solution. Instead, you'll often be faced with conflicting stories, documents that are open to different interpretations, and no clear answers about what happened and what you should do about it. You'll have to decide which problems merit a closer look, whom to interview, and what documents to review -- and when your investigation is complete, you'll have to decide what you think really happened.

    All of these decisions are judgment calls, and no book can tell you how to handle every possible scenario you might face. However, if you follow the guidelines in the chapters that follow, keep an open mind, and use your best judgment, you should be able to handle most of the issues that come up.

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    Other Popular Editions of the Same Title

    9781413306910: The Essential Guide to Workplace Investigations: How to Handle Employee Complaints & Problems

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    ISBN 10:  1413306918 ISBN 13:  9781413306910
    Publisher: NOLO, 2007
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    9781413318913: The Essential Guide to Workplace Investigations: How to Handle Employee Complaints & Problems

    NOLO, 2013
    Softcover

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