Labor & Employment Law

In my last entry regarding investigations, I discussed how to interview the reporting party. This week, I would like to discuss the interview of the accused and co-worker witnesses. These are my six (6) steps:

1. Assess the scope of the investigation. Once you have interviewed the reporting party, take time to assess who you feel will have to be interviewed and how long you anticipate the interview process will take.

2. Assess the work place dynamic. Find someone in management that is familiar with the area in which the complaint arose and have them give you their sense of who is popular, who is held in high regard, and who has a reputation for not being able to keep a confidence.

3. Determine the order of interviews. In general, the tendency is to interview the reporting party, the accused, and then coworker witnesses. There are circumstances when it may make sense to interview coworker witnesses before the accused is interviewed or to interview witnesses in a certain order. This is particularly the case when there is a concern that the accused may be able to assert influence over potential witnesses.

4. Be impartial. The reporting party may have leveled serious allegations that, based on your interview, may have predisposed you to believe the allegations. Never the less, you will not know the true facts until you have had an opportunity to interview all the witnesses.

5. Discuss the issues with in-house or outside legal counsel. In many instances, experienced employment law counsel can help you focus on which issues are of importance so you can structure your interviews accordingly.

6. Read my January 4, 2007 blog entry on the ?7 Steps to a Successful Investigation.?

Next week: Concluding 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.