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This question is about jobs.
How long does an HR investigation take
Ideally, an HR investigation should be completed within one to two weeks of receiving the complaint.
Responsiveness to an employee's complaint about workplace concerns not only enables the employer to gather the best information but also allows the employer to resolve internal problems before they are widespread.
While each situation is unique, the following steps are generally taken as soon as a complaint is received:
Obtain a written statement: The employee who brought forth the complaint is asked to provide a written statement that details each incident and answer the:
Who
What
When
Where
Why
How
The written statement should include the names of any witnesses and what information or details they can provide that would be useful in the investigation. The employee should also outline any tangible evidence that they may have and include what the desired resolution or outcome is for the employee.
If the employee claims that they were treated differently because of a protected category, HR (on behalf of the employer) will need to consult the Equal Employment Opportunity Commission (EEOC) guidelines to see if additional questions should be asked.
Ensure confidentiality and non-retaliation, and explain the next steps: This step can be tricky because the employer must protect confidentiality to the extent possible but also conduct a thorough investigation.
To that end, it may not be possible to keep all of the information gathered in the investigation completely confidential.
The employee should be informed of this and be made aware of the fact that complete confidentiality cannot be guaranteed. In fact, it should be made explicitly clear that their information will only be kept confidential to the extent possible.
The employee will be advised about the employer's non-retaliation policy and that if the employee believes that they are being retaliated against, that information should be brought to HR immediately.
A main point of contact will also be established so that the employee knows who they should speak to if they have any follow-up questions or concerns.
Gather tangible evidence: HR will now work to gather any tangible evidence the employee has identified, such as:
Text messages
Pictures
Write-ups
Voice mail messages
Sign-in sheets
Work assignment logs
They will think about other types of evidence that may be available in the workplace, such as security footage, badge swipes, or time records. Personnel records for the employee bringing forth the complaint and the employee who is the subject of the complaint will be reviewed.
HR will try and gain a better understanding of the relationship between the parties involved and any possible areas of contention.
For the interviews, a list of questions will be created for each witness, and all witnesses will be interviewed separately. The investigator will take notes while performing the interviews and will be looking for any additional witnesses or evidence that may be identified.
Investigators will be mindful of making sure the date, time, and duration of the interview are clearly documented. Witnesses will be identified by first and last night as well as their position or other identifying information (e.g., employee number).
Depending on the allegations made, the investigator may consider having each witness provide a written statement. At a minimum, they will have to review and sign off on the investigator's notes, indicating that all of the information the witness provides is accurately recorded.
Interview the accused: Once the witnesses have been interviewed, the investigator should interview the accused. Specific questions should be asked of the accused about the allegations. The accused will be given the opportunity to identify any evidence or witnesses they would like to be considered.
If additional witnesses are identified, those individuals will be interviewed, and any additional evidence will be collected.
Make a decision: After all witnesses have been interviewed and the evidence has been collected, the investigator will make a decision as to whether any company policies were violated. In making this decision, the investigator will consider all of the parties involved and may need to make credibility determinations.
If a policy violation is identified, the appropriate person(s) at the company will need to make a determination on what disciplinary action (if any) needs to be taken.
The investigator will meet separately with the employee who brought forth the complaint and the accused. The investigator will ensure that both parties are aware that the company took the allegations seriously and that appropriate action was taken.
The investigator will not share what disciplinary action (if any) was taken, and each employee will be reminded of the anti-retaliation policy.
Write up the investigation summary: The investigator will likely prepare a written final investigation report detailing the steps the company took during the investigation and summarizing the findings. This is an important step, as any investigation could lead to legal action down the road.
The investigation summary should serve as a roadmap that walks an outside party, such as a governmental agency or jury, through the investigation process from beginning to end. The written statements, interview notes, and evidence gathered will be attached to the investigation summary.
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