b'Workplace InvestigationsWho, What, Why . . . Who does it apply to: All employers who have ever wonderedaccountant in an embezzlement investigation? Does anyone whether an investigation of some sort should be made regardingneed to be suspended until the investigation is concluded? This an issue involving employees. could be appropriate in a number of instances, such as letting a thieving, drunk, or violent employee back into the office. Should I investigate: Lets face it, not every dispute will merit an investigation and, sometimes, an investigation will not requireHow should the interviews be conducted: If you are not going all of the steps below. Like so many issues in business, it comesto use the assistance of a lawyer or experienced investigator, down to an evaluation of risk; in some cases, that might meanyoushouldthinkabouthowyouwillaskquestionsofyour intentionally not investigating. For example, it is tempting tointerviewees.Lawyerstakethesethingsintoaccountwhen always conduct a post-accident investigation, but what if yourinterviewingorquestioningawitness:askingopen-ended employee has injured a non-employee who might sue?It mightquestions; avoiding accusatory questions that put a witness on be wise not to have a drug test as part of the investigation. Keepthe defensive; repeating the story as you understand it to be sure all of these considerations in mind. it was understood initially; identifying whether you have gotten the facts or just a string of opinions; and what contradictions in Who should do it: This question may be more complicated thanthe story need to be ironed out. While interviewing, keep your you think.Impartiality, professionalism, and credibility are theopinions, observations, and the results of your investigation to keys. How would a jury perceive your decision? Should it beyourself. Finally, if you are in a union environment, be alert of the someone of the same race, color, or religion (as an example)interviewees rights to representation.for a discrimination claim so a jury will find the investigator more credible? Should it be a team to double the potential credibility? What about recordings: It may seem convenient or the best If the head of the company or an executive is under investigation,possible evidence to record interviews. After all, no one can it may be better to choose an outside investigator.An outsiderargue with a recording. That is true, but it means your words is also worth considering if the situation already seems headedas questioner will be put under the microscope, too. Recording toward litigation, e.g., a claimant has filed an Equal Employmentinterviewsmayalsostunttheintervieweesresponses.I OpportunityCommission(EEOC)chargeorhiredalawyer.personally prefer clients to take copious notes. That said, if an Should your investigator be your lawyer or a lawyer? Attorneyemployee wants to record the interview, you should allow it on clientprivilegeattachestoyourdiscussionswithalawyercondition that you receive an immediate copy. Because Texas and that can be a powerful protection if you dont want yourallows a conversation to be recorded as long as one side knows investigator to be forced to discuss their private conversationsit is being recorded, ask the interviewee if they are recording to with you about the investigation. be sure you know what you are up against.What is the plan: Take time to think before you act.It may beWhereelsewilltherebeevidence: Thoughtheoutcomeof tempting to jump right in and start talking to folks, but Mominvestigations will turn on the interviews, there are a myriad of always said to think before you speak. What do you alreadyother places that evidence may show up. Emails will often play know?What do you need to fill in the blanks? Who should youa part, but consider these other additional sources of evidence: interview?Whatordershouldyouinterview?WhatshouldIelectronic documents, voicemails, texts, pictures, sales receipts, ask?When should I start? Do I need outside help, e.g., should I involve the police in a theft or violence investigation or a forensic 81'