Try to watch “Law and Order” as if you’ve never seen an
episode before. Pretend like those two Bum-Bumps
are the first time you’ve heard them. It’s
fascinating to watch the entire hour and see how the two detectives process the
investigation which typically leads to the court case. I used to watch the original “Law and Order”
religiously. Yes, I know that there are
SVU, CI, SUV and hybrid versions, but I was a fan of the original. The course of action taken by the detectives is
methodical, a bit stale and thorough, but it works.
For the employee who comes to the HR department with a
complaint, inquiry or charge, there is an expectation for answers and
investigation. HR loves the answers, but
perhaps to a fault. Our ability to
provide solution to the complaint may not really handle the issue at hand. The employee can feel his/her issue has been
minimized as he/she leaves your office (or cubicle area or working table or Segway
mobile office). Are we satisfied with
just an “answer” or do we need to spend time trying to understand where this
issue comes from?
Honestly, there are times that a simple answer is all that
is needed. Let’s not make a mountain out
of molehill. If someone comes to
complain about not being off for Arbor Day, that may be a very quick
conversation. Something like, “I’m sorry
that you’d like the company to be closed for Arbor Day, but if you have PTO
available to you, perhaps you could plan on using some in order to spend time
planting trees to honor the day.” Smile
sincerely and usher them out. Close the
door and reflect on why you’ve chosen the career you have. After a few minutes, you’ll be back at it!
But what about the ones that take a bit more? If an employee asks about hours not paid on a
paycheck, then perhaps a quick look at the time system, finding where the data
was corrupt or not transferred into payroll will prevent the occurrence in the
future. Perhaps there is a bit of
management training needed. Perhaps the
employee needs a reminder on the time clock.
Perhaps it’s a one-time Gremlin in the system. All it would take is a little bit of research
mixed with a little bit of conversation and/or training.
And then, there are the ultimate investigations, such as harassment,
discrimination or theft. A process for
this investigation should be in place.
What will it take for the company to handle the claims presented? Is there a path to follow? No?
There are components of good investigation that are
universal. Try to work within a flow of
process in those components in order to gather the information needed. An investigation is serious and it does
require professionalism in approach. If
you are the HR person who would lead or conduct the investigation, have you
established yourself in the company as someone capable of such work? If you’ve been relegated or allowed yourself
to be relegated to the party-planning HR person or the gossip-laden HR person,
then it’s not likely that you’ll gather all of the data necessary in your
investigation.
Staff may not be able to draw a line between the “Buddy HR”
person and the “Detective HR” person you’re trying to be. That is a tall order. As such, determine whether outside help might
be needed. Does your process allow for
this possibility? Between the HR role
played, the characters in the investigation and the subject matter involved, an
outside expert might be the most beneficial for the organization. Be okay with letting someone in. It’s not about dirty laundry but about
ascertaining the truth and finding solution, however difficult that may be.
Be clear, too, in the fact that you will need to speak with
others. When an employee starts his/her
complaint to you with “Please don’t say anything, but…”, you can be sure that
you’re likely going to need to say something to someone else. A true investigation will need facts and
accounts from all parties named and involved.
Keeping this between us is not possible, let alone the matter of law
that may be in play. Disclosure may be
required. Consult your counsel if you
have questions in any of these areas.
Likely an attorney will tell you that you cannot promise to keep what’s
shared only between you two.
There are great resources available to you to help with
investigation. Take the time to research
and develop a plan prior to needing a plan.
You will be able to approach plan development with less stress and with
more clarity of thought. Talk to your
senior team, your counsel, your HR colleagues in other companies, your SHRM
group…anyone who has been through developing a process. Learn from their victories and hiccups.
And while it may not be the wisest to wear a badge around the
office as if you’re the cop on duty, you should establish yourself as being an
integral part of the investigative process at your company. Just pin the badge on the inside of your suit
coat or sweater. You can know it’s
there. Bum-Bump.
