Glossary of Terms for Workplace Investigations

Chain of Custody

Documents the collection, custody, control, transfer, analysis, and disposition of evidence

Documentary Evidence

Information that is relevant to the complaint and that is recorded in some way in physical form. Some examples of documentary evidence are employee time and attendance records, travel receipts, expense reports, supervisory or employee notes, performance appraisals, disciplinary warnings, email messages, sales reports, bills of lading, repair orders, and a variety of other records that are developed during the course of daily business operations

Generational Differences

The effects of the political, social, and economic forces that were in place when a person formed their views of what it means to work

Intermittent Use of Family & Medical Leave

Not taking all of the allotted FMLA Leave time at once, but instead breaking it up into smaller time periods

Investigative Report

A historical record that documents the organization's actions, such as the response to a complaint, and how the investigation was conducted

Physical Evidence

Evidence that is tangible, such as digital security videos, a damaged vehicle from an accident, tools, a damaged piece of machinery, a chemical substance (such as in a safety accident), water/fluid spilled on a floor, digital surveillance video, or physical bruise marks, cuts, or abrasions on an individual

Preliminary Findings Meeting

Meeting wherein investigators meet with leadership to share not only the investigative findings, but also past practices

Qualified Privilege

Permits persons in positions of authority or trust to make statements or relay or report statements that would be considered slander and libel if made by anyone else

Retaliation

Generally defined as illegal conduct or actions that harasses, demotes, terminates an employee, or takes other action affecting employment such as threats, unjustified negative evaluations, unjustified negative references, increased surveillance, or any other action such as an assault or unfounded civil or criminal charges that are likely to deter reasonable people from pursuing their rights

Retaliatory Conduct

Generally defined as actions against an employee, such as termination, demotion, or loss of pay

Slander/Libel

Occurs when a person or entity communicates false information that damages the reputation of another person or entity

Testimonial Evidence

Stated evidence (e.g., initial complaints and witness interviews)

The Age Discrimination Act

Protects individuals who are 40 years of age or older from employment discrimination based on age. Protections apply to both employees and job applicants

The Americans with Disabilities Act

Prohibits private employers, state and local governments, employment agencies, and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment

The Drug-Free Workplace Act

Requires some Federal contractors and all Federal grantees to agree that they will provide drug-free workplaces as a condition of receiving a contract or grant from a Federal agency

The Equal Pay Act

Requires that men and women be given equal pay for equal work in the same establishment. The jobs need not be identical, but they must be substantially equal. It is job content, not job titles, that determines whether jobs are substantially equal

The Fair Labor Standards Act

Regulates workplace practices related to minimum wage, overtime pay, and child labor. It prescribes standards for the basic minimum wage and overtime pay, and affects most private and public employment

The Family and Medical Leave Act (FMLA)

Requires certain employers to grant up to 12 weeks of leave during a 12-month period to eligible employees who need time off because of a "serious health condition" that they or someone in their family is experiencing

The National Labor Relations Act

Protects non-union and union employees against discrimination based on union-related activity or group action ("protected concerted activity"). Supervisors are not covered, but supervisors who have been discriminated against for refusing to violate the NLRA may be covered

The Occupational Safety and Health Act (OSHA)

Sets standards and conducts inspections to ensure that employers are providing safe and healthful workplaces

Title VII of the Civil Rights Act

Provides employees with protection from harassment, discrimination, and retaliation based on five protected classes: race, color, gender, religion, and national origin

Uniformed Services Employment and Reemployment Rights Act (USERRA)

USERRA prohibits employment discrimination against a person on the basis of past military service, current military obligations, or intent to serve. An employer must not deny initial employment, reemployment, retention in employment, promotion, or any benefit of employment to a person on the basis of a past, present, or future service obligation

Weingarten Rights

Gives union employees the right to assistance from union representation during investigatory interviews

Work/Life Balance

Simply the balance between how much time you spend at work versus at home or doing lifestyle activities

Recommended In-Person Seminars

• Internal Investigations Certificate Program

Recommended Online Training Courses

• Online Internal Investigation Training & Certification Course