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MANAGEMENT · GUIDE + TEMPLATE

The workplace investigation, done fairly.

When someone raises a concern, respond promptly, impartially, and thoroughly, and document every step.

Inside:When to investigate · five principles · the four-stage process · interview do's and don'ts · reaching a finding · state notes for CA, NY, IL, TX, and FL · an editable investigation file
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Five principles

What makes an investigation fair.

Courts and agencies look less at the outcome than at whether the process was reasonable. These five things are what "reasonable" means.

  • Prompt
    Start within days, not weeks. Delay suggests the concern wasn't taken seriously.
  • Impartial
    The investigator has no stake in the outcome and doesn't report to anyone involved.
  • Thorough
    Interview everyone with relevant information and review relevant documents, messages, and records.
  • Confidential, not secret
    Share information only with those who need to know. Never promise complete confidentiality.
  • Documented
    Notes of every interview, a log of evidence, and a written report with reasoning.

The standard: most workplace investigations use "more likely than not." You don't need proof beyond doubt. You need a reasonable conclusion based on the evidence you gathered.

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The process

Four stages.

A clear sequence you can follow every time. Most straightforward investigations take one to three weeks.

1
Days 1 to 2

Intake

Document the complaint in detail. Decide on interim measures, such as schedule changes or paid leave, without penalizing the person who complained.

2
Days 2 to 3

Plan

Choose an impartial investigator. List the allegations, witnesses, and evidence. Preserve emails, messages, and records.

3
Week 1 to 2

Interview

Complainant first, then witnesses, then the accused, who must have a full chance to respond. Re-interview as new facts come up.

4
Week 2 to 3

Conclude and act

Weigh the evidence, reach a finding on each allegation, write the report, and decide on action. Close the loop with both parties.

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Underneath everything: no retaliation

Tell everyone involved that retaliation is prohibited, and watch for it. Retaliation claims are often easier to prove than the original complaint.

ComplainantWitnessesEveryone involved
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Full guide

7 more pages in the full guide

Plus the editable Word template.