The effectiveness, and integrity, of an HR investigation rely entirely on the way it is performed.
- When performed correctly, the HR investigation process can lead to a better workplace by correcting the issues at the center of the investigation. It can also reinforce that the company puts great value on listening, trust, and respect among employees.
- Improperly run HR investigations can have devastating financial consequences as well as negative morale and productivity effects for a company.
And the difference between the two can be as simple as what you say during the interview process.
What Not to Say in an HR Investigation
Many HR investigators will interview an employee about an incident by following a scripted series of questions. This ensures consistency in the process and helps you get the information you need. Straying from these pre-approved questions can introduce problematic judgments, biases, or suggestions. So that you don’t say something that can derail the investigation, stay away from these four areas.
1. Don’t Express Personal Opinions or Judgments
The investigation is not about how you feel or what you think. Its purpose is to collect facts and make a decision based on those alone. In an employee interview, never say anything like:
- “I would never have put up with that for so long.”
- “I’m not sure why this is a big deal.”
- “It sounds like they deserved it.”
- “That was a dumb thing to do.”
These statements can make it seem like you have already decided who is guilty and innocent. This can lead to charges of bias and discrimination once the HR investigation outcomes are released.
2. Don’t Promise Complete Confidentiality
Confidentiality in a standard employee investigation is a promise that you can’t keep. It is possible that what you discover while interviewing an employee will need to be shared with your legal team, other investigators, or upper management.
What you should do is let the employees know at the start that their answers to your HR investigation questions may have to be shared with select members of the investigation team.
3. Don’t Offer Solutions or Make Promises About Outcomes
During the HR investigation, an employee may ask you questions about the case or the process. You need to be careful about setting unrealistic expectations around what will happen, and when. It’s also crucial to never offer any suggestion of a quid pro quo (e.g. if they answer your question, they’ll get something in return). That means avoiding saying things like:
- “This will be over soon”
- “I think you will come out of this fine.”
- “We won’t talk to that person if you don’t want us to.”
- “I’ll make sure that penalties are light.”
What you can do is let them know that investigations take time to be performed correctly. Make sure they understand that there is a process that has to be followed for a fair and balanced investigation.
4. Don’t Press for Answers if the Employee is Not Comfortable
Employees have a right to answer, or not answer, any HR investigation questions. All that you can do is ask the question. You should not pressure them to “tell you everything” or answer something they already told you they don’t want to.
Instead, acknowledge their position and leave the door open for them to come forward with a response at a later date. You can do this by saying “Take your time. If you’re not comfortable answering now, that’s okay — we can come back to it later.”
LaborSoft — Your HR Investigation Partner
HR investigations are an important responsibility, but they are not the only thing the HR team does. That’s why it can be important to have a versatile HR case management software platform like LaborSoft to help with:
- Employee investigations
- EEO claims
- Grievances and arbitration management
- Incident tracking
- Employee scheduling
and - Discipline management
LaborSoft can be customized to assist with all of your labor and employee relations needs. To discover how LaborSoft can partner with your HR team, schedule a demo today.
