Workplace Investigations in 2023--The Trends We Saw

Workplace investigations have become a crucial aspect of maintaining a healthy and thriving work environment. Whether prompted by allegations of misconduct, conflicts of interest, or other issues, a well-conducted investigation can make the workplace more transparent, fair, and conducive to productivity.

Workplace investigations help to prevent lawsuits and poor brand association. They also help to create inclusive and safe workplaces and help to promote  a culture of trust and accountability, fostering a positive work environment. In this blog post, we'll delve into new trends and emerging issues that the Triangle team has seen in 2023.

1.     Specific Request for Outside Investigator: It is critical that the investigator should be impartial, objective, and possess the necessary skills to conduct a thorough examination. Many employees, in today’s increasingly diverse and activist workforce, are requesting outside investigators to conduct investigations, instead of internal HR employees. Employers should have a roster of trusted external investigators that they can call when such a request is made. 

2.     Setting The Scope: Today’s employees are vocal with their colleagues about issues that they are experiencing within the workplace. We have seen a trend where, when interviewing a complaining witness on an investigation, the witness will share the workplace experiences of their colleagues, especially when they feel that their colleague has had a similarly difficult workplace experience. It is important to determine how many witnesses should be interviewed as a part of an investigation. A structured approach ensures that the investigation remains on track, all necessary information is gathered, and remains concise enough so that the investigator is able to make firm findings, conclusions, and recommendations at the conclusion of the investigation.

3.     Witness Input Regarding Corrective Action During our investigations, we have seen an increase in complaining  witnesses wanting to provide input regarding corrective action. For example, an employee makes a complaint about being sexually harassed. The employee then requests that if the investigation finds that these allegations are substantiated, that the employee who engaged in the misconduct be required to attend anti-sexual harassment training, or that they personally be placed into a new work structure where they do not have to interact directly with the offending employee. Employers must be thoughtful and consistent regarding how much (if at all) they will consider employee requests regarding corrective actions at the conclusion of an investigation.