b'equipmentlogs,notes,expensereports,inventoryrecords,employees listed and collecting documents requested. Because payroll records, customer complaints, prior warnings, productivitySuzy was not on the list to be interviewed, the manager did reports, and any other place you might find something to supportnot follow up on the observation that she might have valuable the final determination. Remember from our prior EH section,information.In fact, Suzy knew specific facts to support the polygraphs can be used in appropriate circumstances, but strictdiscriminationinanotherwiseclosecase.Businessowners procedures must be followed.(See the Polygraphs section.) have to guard against such a regimented approach. Go where the investigation takes you.Are there privacy or confidentiality issues:As you know from the privacy section, there are few privacy rights in the workplace,Bewary:MelvinhasjusttakenownershipofShadyPines but you have to be careful. Searches of areas where you haveNursing home. The prior owners warned him that the residents created an expectation of privacy are prohibited, as is listeningoften complain of mistreatment by the staff when nothing really totelephonecallswithoutconsent.Youshouldmaintainhappened. Mel takes this to heart and looks the other way when confidentiality of your investigations and be careful of who is inSophia complains about the staff locking her in her room to the loop to avoid rumors. Under the National Labor Relations Actkeep her from riling up the other residents. Has Mel made a (NLRA), you can ask employees to maintain the confidentialitybad decision? Of course. He is required, by law, to investigate of their interviews or put a gag-order over discussion of theall claims of patient abuse, even if Sophia is just making it up.incident at issue only when you can demonstrate that suchWorkplaceinvestigationsarenotalwaysoptional.Knowthe confidentiality is essential to the investigation.And, when thelegal requirements for your industry and conduct investigations investigationisover,youmustreleaseemployeesfromthewhen they are necessary.confidentiality obligation unless it remains justified. What Should I Do:What should I do (the result): Only you can decide the rightGood:Whenanissuearises,takeamomenttodetermine answer, but whatever the result may be, you must documentwhether an investigation is appropriate and the scale of the it. Prepare a final assessment commensurate with the severityinvestigation. Let the right person handle it and record the result.oftheinvestigationdocumentingyourreasoningandfinalInvestigate when legally required to do so in your business.decision. Depending on the circumstances, it is always good to consult with your employment lawyer about the legally correctBetter: All of the above, plus, preserve copies of all physical result under the circumstances. evidenceanddocumenttheresultsandanyinterviews.Be sure to document delays in starting to be able to justify later.Common Situations: Make sure your employee handbook provides for all manner of Regimented mistake: The HR VP at Smiley Face, LLC decidedsearches and surveillance to compliment your investigations. to have the department manager in a department in which a discrimination claim arose conduct an investigation. BecauseBest: That is all. Good and Better get it done.the manager was not experienced in handling discrimination claims, the HR VP provided him very strict guidelines for the investigationandthequestionstobeasked.Themanager followed the HR VPs instructions to the letter, interviewing the 82'