Labor & Employment Law

You know him, that?s just the way he is. He didn?t mean anything.
Don?t you think you might be overreacting?
We?ve never had a complaint about that person before. Are you sure this happened?

Any comment along these lines will cause the employee to shut down. This is probably your last chance to find out information about a problem at your company. Make the most of it. Listen attentively and let the employee tell the entire story. Regardless of your opinion of the merits of the report, make sure the employee understands the report will be treated seriously. Communicate your company?s policy on the issue presented. If it involves harassment or discrimination, make sure you let the employee know that your company has a zero tolerance policy on issues of harassment or discrimination and this issue will be investigated. At all times retain a professional tone and, if appropriate, a sympathetic tone. If the interviewer is not the person with responsibility to investigate the report, offer to provide that person?s name and contact information. Assure the departing employee that the information will be passed on to the appropriate individual and disclosure of the information will be limited to those with a need to know basis. Make sure this information is then conveyed to the appropriate person.

It is critical that the employee does not get the impression that their complaint was not taken seriously. Delay in handling the report will be the death knell of any effort to take steps to mitigate the harm. Keep in mind that a delay in reporting a problem in the workplace can be a sign that your reporting policy is not being adequately communicated or that there is a perception in the workplace that reporting will not accomplish anything. There is a high probability that if the departing employee waited until the exit interview to report harassment, they will walk into a lawyer?s office if they feel their report is not handled seriously.

Finally, after the exit interview, sit down and prepare a detailed report setting forth all information received during the course of the exit interview. The report should include the who, what, where, and why of the interview. Emotions displayed by the employee should be noted in the report. The interviewer should then follow up with the employee within two to three days following the interview to assure the employee that the interviewer has contacted the human resources investigator. Follow up and follow through are key at this stage. The employee to be left with the perception that their complaint was treated seriously, that human resources did not delay its investigation, and they were treated fairly. These factors often are more important that the outcome of the investigation.

Nothing in this blog should be considered legal advice or to form an attorney client relationship. The information provided is general in nature. Nothing can substitute for a consultation with a legal professional who can address your particular legal concern.