Responding to a Workplace Allegation? Considerations for Conducting Workplace Investigations

Employers often have to deal with workplace complaints and allegations, but are your current investigation processes effective? To avoid legal consequences that can result in financial and reputational impacts, employers should understand the benefits of conducting an effective workplace investigation.

When employers conduct workplace investigations promptly and effectively, it allows them to make informed decisions on what actions to take in response to a workplace complaint or allegation. Here are the three key things to be aware of when dealing with a workplace complaint.

Conducting Workplace Investigations

There are a number of events and incidents that can trigger a workplace investigation, such as employee allegations of bullying, harassment or discrimination, allegations of employee misconduct such as theft, or safety issues and accidents – to name a few. While not every incident requires an investigation, employers have a legal duty to investigate certain incidents or allegations.

The webinar will touch on events and incidents that trigger a workplace investigation, as well as best practices for conducting one. We will also discuss the benefits of conducting an investigation and consequences of failing to conduct an adequate workplace investigation.

Administrative Leave

Employers should consider whether any of the parties involved in a workplace investigation should be placed on an administrative leave pending investigation. Placing an employee involved in a workplace investigation on an administrative leave during the course of the investigation may reduce certain risks posed by an employee’s continued presence in the workplace. However, not all circumstances warrant placing an employee on an administrative leave, and doing so may create certain risks for an employer.

This webinar will touch on factors that employers should consider when determining whether a triggering event or incident warrants placing an employee on an administrative leave and certain risks associated with placing an employee on administrative leave.

Legal Risk and Consequences

If a complaint warrants an investigation, it is important for employers to carry out a prompt and adequate investigation after becoming aware of the triggering event or incident. The employer’s failure to do so can result in negative consequences. The workplace investigations component of the webinar will discuss how employers can avoid legal risks and consequences associated with conducting an inadequate investigation.

Contact our workplace investigations team to learn more.

Note: This article is of a general nature only and is not exhaustive of all possible legal rights or remedies. In addition, laws may change over time and should be interpreted only in the context of particular circumstances such that these materials are not intended to be relied upon or taken as legal advice or opinion. Readers should consult a legal professional for specific advice in any particular situation.