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Internal Investigations: 5 Keys That Drive a Successful Outcome
As new corporate scandals surface every week, employers are under more pressure to ensure their company’s workplace investigations can pass muster. The costs of botched investigations can be significant for companies shown to have been negligent.
Assuming a company has a system in place for conducting consistent internal investigations, there are several things employers can do to ensure a company’s internal investigations pass scrutiny. A successful investigation requires commitment, not just from investigators, but from the top down.
Funding
Every investigation should begin with a plan that includes proposed parties and costs. A company may have in-house investigators and attorneys with the skills and experience to conduct an investigation. If outside investigators and attorneys are required, the costs can be significant. But trying to do an investigation on the cheap could be much more expensive when the courts get involved, so adequate funding is critical.
Management Buy-In
Full commitment from the top of the organization is necessary for successful investigations. Firstly, getting the resources and funding for internal investigations requires support from above. An investigator may need cooperation from employees in different departments and management can help that happen. If a company already has an ethical corporate culture that comes from the top, this step poses less of a challenge. But for companies with less-than-stellar cultures, getting buy-in from management, even when a scandal is looming, can be an uphill battle.
Compliance
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Treat every investigation as if it will lead to a court case. That way the company is covered for the worst-case scenario.
An experienced investigative team, whether in-house or external, will know the laws governing internal investigations and ensure the company’s process complies with the time requirements and the employer’s responsibilities.
Documentation
An investigation can sink or float based on the quality of documentation associated with it. A well-crafted investigation report is the key to ensuring an investigation stand up in court. A report that shows the investigation was fair, consistent, comprehensive and logical is a powerful tool to defend the process should the need arise.
The right investigative case management software ensures that nothing falls through the cracks. Case notes, evidence, interview files, investigation report and all other investigation-related information are saved in a single location, ready to be produced with the click of a mouse.
Follow Up
A successful investigation isn’t necessarily over once the investigator reports on the conclusion. The employer or a representative should follow up with the complainant and the subject of the investigation to ensure that the complaint has been resolved and any recommended actions based on the conclusion have been taken. This could include disciplinary action, training or even termination.
Adequate follow-up also includes a look at the big picture to examine the complaints received and look for patterns and areas of higher risk. The summary reporting functions in i-Sight (now Case IQ)’s investigative case management software can provide detailed information on the types of incidents reported and locations so that employers can identify areas where policies and training are needed.