As an employer, you must conduct employee investigations before
termination proceedings can begin. This is because failure
do employee investigations before termination proceedings can
lead to lengthy legal battles – and you might find yourself
on the losing end.
Why are employee investigations before termination so important?
Conducting extensive employee investigations before termination
is so important because a court can use all of your documentation,
or lack thereof, if your employee decides to file a wrongful
termination suit. If you do not have enough documentation or
properly recorded documentation, you can not build a strong
case to back up your termination decision. Remember, it is
up to you to prove your case. Without the evidence documentation
provides, you will have a difficult time doing this. As a result,
you might find yourself paying damage charges or stuck with
an employee that you don’t want to keep on board – or
both.
How do I conduct employee investigations before termination?
Employee investigations before termination should be a team
effort among supervisors. If you are a small business owner,
you might be the only supervisor. If you are a Human Resources
Manager, on the other hand, this responsibility may rest on
your shoulders as well as on the shoulders of the other supervisors
in your company.
Regardless of whom is in charge of supervising the employee,
everyone responsible must be aware of proper documentation
procedures. These procedures include documenting any problems
that may have taken place with the employee. This should include
a description of the incident that took place, the date it
occurred, and the disciplinary action you or your supervisors
took. As part of this documentation, you should have the employee
sign paperwork showing that he or she read the report. If the
employee refuses to sign it, have another supervisor sign pointing
out that he or she witnessed your discussion with the employee.
What if I think there is a problem with an employee but can’t “catch
him” in the act?
You may believe an employee is doing something against the
rules or that puts him or other employees in danger, but have
not been able to witness the employee engaging in these actions.
If this is the case, you may need to hire an investigator.
However sometimes you can handle the situation yourself. For
example you might suspect the employee is taking drugs so you
can have him or her take a drug test. To prevent having discrimination
charges brought against you, however, you must give all of
your employees a test. If the problem is a workmen’s
compensation issue or a safety issue, you might have to hire
someone to keep an eye on the employee and record his or her
unscrupulous actions. Regardless of the problem, extensive
employee investigations before termination are necessary if
you hope to keep yourself free from legal troubles.
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