Essentials For Documenting Investigations: HR And Management’s Responsibility To Minimize Liability
When : Monday, September 20, 2021
Time : 01 : 00 PM EST
Duration : 60 Minutes
Dr. Susan Strauss is a national and international speaker, trainer, and consultant. Her specialty areas include management/leadership development, organization development, communication, and harassment and bullying. She is an expert witness for discrimination and harassment lawsuits. She trains and consults with business, education, healthcare, law, and government organizations from both the public and private sectors.
Dr. Strauss has authored over 30 book chapters, books, and articles in professional journals. She has been featured on 20/20, CBS Evening News, and other television and radio programs as well as interviewed for newspaper and journal articles. She has her doctorate in organizational leadership, is a registered nurse with a bachelor’s degree in psychology and human services, a master’s degree in community health, and a professional certificate in training and development.
As the saying goes - If it isn’t documented, it didn’t happen! Documentation is essential for any legal issues, disputes, audits, meetings, and decision making, to name a few. Perhaps nowhere is it more critical than when documenting your investigation. Your documentation memorializes the entire investigation, it minimizes confusion, corroborates stories and evidence, demonstrates patterns of behavior, and supports your final decision. Investigative documentation is critical enough that it may prevent a lawsuit, or at least minimize damages. Your documentation is evidence of action taken in response to a complaint.
Documentation must start from the beginning of your investigation when you receive a complaint, and continue throughout the investigative process. The documentation will include the intricacies of your interviews with the accuser, the accused, and witnesses, as well as which documents you accessed (and how to cite them) in making your final decision. The final report, which all investigations require, is a culmination of all the documentation of your investigation, which is discoverable if an employee files a formal charge with the EEOC or your state’s human rights department, or if you are sued. A number of critical actions are required as part of your investigation such as determining the credibility of each interviewee, corroborating evidence, and reaching a conclusion –all of which require documentation of your rationale for each step. In order to write a thorough report, investigators must make a decision as to whether the investigated misconduct was a violation of any laws or policies and document these findings in an objective, accurate and concise manner – and document how your decision was arrived at.
- To plan the investigation documentation process
- To identify documentation requirements for an investigation to reduce liability
- To document the rationale behind your investigative opinions such as how you determined credibility and reached conclusions
- To determine appropriate documentation technique related to resources accessed online and hard copy resources
- To list the Do’s and Don’t’s of documenting the investigation
- To discuss the documentation elements of the final report
Course Level - Intermediate
Who Should Attend
- Human Resources Professionals
Why Should You Attend
To ensure your documentation of the investigation is complete, objective, and inclusive of the investigative process and outcome, and demonstrates the organization’s response to the complaint was fair, impartial, and competent which minimizes liability.