How To Do An Internal Investigation

What Is An Internal Investigation?

An "internal" or "workplace" investigation refers to a formal inquiry conducted within an organization to address concerns related to misconduct, policy violations, harassment, discrimination, or any other issue that may affect the workplace environment or the organization's operations.

Investigations are typically carried out by designated individuals within the organization, such as human resources personnel, compliance officers, or specialized investigators.

What Are The Key Steps Of An Internal Investigation?

The purpose of an internal investigation is to gather relevant information, interview involved parties, review documents and evidence, and ultimately determine the facts surrounding the issue under investigation.

The process aims to ensure fairness, impartiality, adherence to established procedures and policies - all within the legal bounds of the law. These key steps include:

Initiation:
The investigation begins when an allegation or concern is raised, either formally through a complaint or informally through observation or reports.
Planning:
Investigators develop a plan outlining the scope, objectives, and methodology of the investigation. This may involve identifying key witnesses, collecting relevant documents, and establishing timelines.
Information Gathering:
Investigators collect evidence through interviews, document review, electronic data analysis, and other means to establish a comprehensive understanding of the situation.
Interviews:
Conducting interviews with relevant parties, including witnesses and individuals involved in the incident, to gather firsthand accounts and perspectives.
Analysis:
Reviewing and analyzing the gathered information to assess its relevance, credibility, and consistency, and to identify any patterns or inconsistencies.
Conclusion:
Based on the findings, investigators draw conclusions regarding the allegations or concerns raised and determine whether any policies or laws have been violated.
Reporting:
Investigators prepare a report summarizing their findings, conclusions, and recommendations for corrective actions or disciplinary measures if necessary. This report may be shared with senior management, legal counsel, or other relevant stakeholders.
Follow-up:
Implementing any recommended actions, such as disciplinary measures, policy revisions, or employee training, to address the issues identified during the investigation and prevent recurrence.

It's essential for organizations to conduct internal investigations thoroughly, impartially, and confidentially to maintain trust, ensure compliance with laws and regulations, and promote a positive work environment.

What Are Some Common Mistakes In An Internal Investigation?

Lack of Clear Objectives:
Failing to establish clear objectives and scope for the investigation can lead to ambiguity and inefficiency in gathering evidence and reaching conclusions.
Delayed Action:
Procrastinating or delaying the initiation of an investigation can allow issues to escalate, evidence to be compromised, or witnesses to become unavailable.
Bias or Conflict of Interest:
Investigators must remain impartial and avoid any conflicts of interest that could compromise the integrity of the investigation. Failure to do so can undermine the credibility of the findings and lead to legal challenges.
Inadequate Documentation:
Insufficient documentation of the investigation process, including interviews, evidence collection, and decision-making, can hinder transparency and accountability.
Poor Interview Techniques:
Conducting interviews improperly, such as being overly aggressive or leading witnesses, can result in unreliable information and damage the credibility of the investigation.
Failure to Preserve Evidence:
Neglecting to properly preserve and protect evidence, including electronic data, documents, and physical evidence, can result in its loss or contamination, making it unusable in the investigation.
Violation of Privacy Laws:
Failing to adhere to applicable privacy laws and regulations when handling sensitive personal information during the investigation can lead to legal liabilities and reputational damage.
Inadequate Communication:
Insufficient communication with stakeholders, including employees involved in the investigation and senior management, can lead to misunderstandings, mistrust, and dissatisfaction with the process.
Rushing to Conclusions:
Jumping to conclusions before thoroughly investigating all relevant evidence and perspectives can result in inaccurate findings and unfair treatment of individuals involved.
Lack of Follow-up:
Failing to implement recommended corrective actions or disciplinary measures following the investigation can undermine the effectiveness of the process and allow similar issues to persist.

What Are the Risks And Pitfalls Involved With An Internal Investigation?

Potential pitfalls and risks you may encounter when conducting an internal or workplace investigation include:

Hostile or violent employees
Retaliation lawsuits
State or federal repercussions from broken laws
Loss of employee morale and trust
Fines and penalties
Loss of profits
Claims of harassment
Legal costs
Improperly acquiring or handling of evidence
Loss of employee goodwill
Reputational damage
Employee departures

To help reduce these risks, make sure to utilize Internal Investigation training programs, implement best practices for handling evidence collection, witness interviews, report writing, and documentation.

Why Is Internal Investigation Training Important?

Internal investigation training gives you the tools, skills, and knowledge to conduct proper investigations. It also can pave the way for remedial actions that keep your organization compliant while addressing employee issues.

When performed appropriately, internal investigations can protect your organization and minimize risks while promoting employee satisfaction. But knowing how to perform an investigation correctly is key. After all, is the time to learn how to do an internal investigation when you are suddenly faced with having to do one?