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

by Guerin, Lisa

• ISBN13: 9781413312041
• ISBN10: 1413312047
• Edition: 2nd
• Format: Paperback
• Copyright: 2010-07-12
• Publisher: Ingram Pub Services

Summary

Workplace problems and complaints carry serious legal and financial risks to a company-so it's essential to act fast when you receive an employee complaint. But an ineffective or poorly handled investigation can land your company in even more trouble.

Author Biography

Lisa Guerin is an employment law expert and legal editor at Nolo. She is the coauthor of Dealing With Problem Employees, The Manager's Legal Handbook and Create Your Own Employee Handbook, all published by Nolo. Nolo is passionate about making the law accessible to everyone. Our books, software and online services have helped millions of Americans. Turn to Nolo.com for more great information, documents and our unique lawyer directory. When you need us, we'll be there.

Table of Contents

Investigation Basics
Workplace Investigations: An Overview	p. 3
The Benefits of an Effective Investigation	p. 5
Ten Steps to a Successful Investigation	p. 8
Common Investigation Mistakes-and How to Avoid Them	p. 12
Getting Started	p. 29
Discovering Workplace Problems	p. 31
Decide Whether to Investigate	p. 38
Take Immediate Action, If Necessary	p. 41
Choose the Investigator	p. 43
Plan the Investigation	p. 52
Gather Information	p. 59
Get Started Right Away	p. 60
Conducting Interviews	p. 61
Gathering Other Evidence	p. 85
Follow-Up Interviews	p. 91
Make and Document Your Decision	p. 93
Evaluate the Evidence	p. 94
Decide Whether Misconduct Occurred	p. 100
Take Action	p. 102
Document Your Decision	p. 108
Follow Up	p. 112
Investigating Common Workplace Problems
Investigating Discrimination	p. 117
What Is Discrimination?	p. 119
Ten Steps to an Effective Discrimination Investigation	p. 138
Investigating Harassment	p. 173
What Is Harassment?	p. 175
Ten Steps to a Successful Harassment Investigation	p. 188
Investigating Workplace Theft	p. 215
How Employees Steal	p. 217
Ten Steps to a Successful Theft Investigation	p. 233
Investigating Threats and Violence	p. 265
Threats and Violence in the Workplace	p. 267
Ten Steps to a Successful Investigation of Violence	p. 279
Investigating Drug and Alcohol Use	p. 311
Workplace Drug and Alcohol Use	p. 313
Ten Steps to a Successful Investigation of Drug or Alcohol Use	p. 335
Appendixes
Workplace Policies	p. 373
Complaint Policy	p. 374
Open-Door Policy	p. 377
Antidiscrimination Policy	p. 378
Antiharassment Policy	p. 380
Antiviolence Policy	p. 380
Drug and Alcohol Policy	p. 383
Forms and Checklists	p. 387
Complaint Reporting Form	p. 389
Investigation Notice Form	p. 391
Investigation Report Form	p. 393
Adverse Action Notice Form	p. 395
Checklist: Ten Steps to a Successful Investigation	p. 396
Checklist: Avoiding Common Investigation Mistakes	p. 397
Document Checklist	p. 399
Credibility Checklist	p. 400
Discipline Checklist	p. 401
Investigation Report Checklist	p. 402
Sample Investigation Documents	p. 403
Complaint Reporting Form	p. 405
Interviews	p. 408
Written Warning	p. 436
Resources	p. 439
State Laws Prohibiting Discrimination in Employment	p. 440
State Agencies That Enforce Laws Prohibiting Discrimination in Employment	p. 453
State Drug and Alcohol Testing Laws	p. 458
Resources on HR and Employment Available From-Nolo	p. 470
Resources on HR and Employment Available From SHRM	p. 472
How to Use the CD-ROM	p. 479
Accessing Investigation Resources From the CD	p. 481
Installing and Accessing investigation Resources on Your Computer	p. 482
Files Included on This CD-ROM	p. 483
Index	p. 485
Table of Contents provided by Ingram. All Rights Reserved.