What are some of the common mistakes that workplace investigators make?
It is a mistake for an investigator to conclude that there was a violation of law rather than company policy. If the investigators report concludes that the accused engaged in disability harassment in violation of the law, for example, the report could be construed as an admission of liability if the matter proceeds to litigation. By contrast, if the investigator concludes that the accused engaged in disability harassment in violation of the companys stricter policies prohibiting such conduct, the employer can take corrective action without fearing an admission that it violated the law. Another mistake is the failure properly to handle reports of potential violence. Some witnesses complain “I am afraid to talk to you” simply because they are nervous about the investigative interview. But a seasoned investigator will explore further to find out whether the witness is concerned about personal safety or threats of violence. Even if a complaint is dismissed for lack of merit, an experience
