7 Essential Elements of a Workplace Investigation for Manufacturers Welcome to this edition of the FP Snapshot on Manufacturing, where we take a quick look at a significant workplace law issues that can impact manufacturers. This edition will focus on workplace investigations and how manufacturers in particular can conduct effective investigations that do not expose you to legal liability. Snapshot Look at Workplace Investigations Many issues that arise in the workplace require employers to conduct a prompt and thorough investigation. Among other things, employers may investigate allegations of theft, fraud, harassment, discrimination, retaliation, damage to property, workplace violence or threats, substance abuse, security breaches, inappropriate use of the employer’s computers or other property, or other types of employee misconduct. Manufacturer Focus: Manufacturers have some specific issues that tend to arise more frequently: conflicts between employees on the production floor, reports of bullying that could border on unlawful harassment, workplace accidents, and – especially in the hotter months – physical threats between staff. Why Should You Care? At a minimum, if you botch the investigation, you will not be able to defend a termination. Depending on the circumstances, it may get even worse. One employer in Georgia botched an investigation and ended up being hit with a verdict of $2.2 Million in damages to two employees in a discrimination case. More recently, another employer was hit with a judgment for $325,000 in compensatory damages after a terminated employee sued for malicious prosecution. Manufacturer Focus: As manufacturers, there is a heightened need for proper investigations given the recent increased scrutiny by governmental agencies (like EEOC and OSHA) when they receive complaints or reports from manufacturing employees of noncompliance (such as failure to remedy alleged harassment on the floor or alleged safety hazards). How Do You Make Sure Your Investigation is Defensible? Below are seven essential elements of an investigation that can help to ensure that the investigation will be effective and not expose you to liability. 1. Policies and Procedures Written policies are necessary to maintain order in the workplace and to protect people and property. Ideally, you can avoid or minimize employee misconduct, and any related investigations, by clearly communicating expectations to employees. But, when there are allegations of misconduct, your policies also set the standard to which employee misconduct can be compared when an investigation is warranted. Having adequate written policies and procedures is an essential foundation for any downstream investigations.
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