An employee at your organization has just had a complaint lodged against them for allegations of misconduct.
What do you do now?
You might be thinking: “Should I speak to a lawyer before I begin my workplace investigation?”
Here are five reasons why speaking with a lawyer before beginning a workplace investigation should be your next move:
- You have legal obligations: As an employer, you have a duty to maintain a safe workplace for all parties involved, including both the accused and the accuser. This duty extends to ensuring procedural fairness for the subject of the investigation.
- You’ll need advice on if or when you should engage with police: Employers often grapple with whether to involve the police in cases involving alleged misconduct. Factors such as professional obligations and the presence of vulnerable populations can influence this decision.
- Preparing for the process is critical: Rushing into an investigation without understanding the facts, providing adequate notice, and allowing time for preparation can compromise the integrity of the process.
- You’ll need help managing the process to mitigate risks: Failing to report or investigate allegations properly can expose employers to legal liabilities. Consulting a lawyer helps mitigate these risks by ensuring compliance with legal requirements.
- You must collect information and potential evidence with great care: It’s crucial to seek legal guidance on retaining information relevant to the investigation, including technology usage and chain of custody for devices like work phones and computers.
