How do I prepare for an HR investigation?

HR Investigation Process
  1. Take any necessary immediate action. We'd caution against immediately terminating or disciplining an employee without first gathering an appropriate amount of evidence. ...
  2. Decide who will investigate. ...
  3. Plan the investigation. ...
  4. Collect data. ...
  5. Analyze the data and make a decision. ...
  6. Create a report.


What should you not say in an HR investigation?

From a practical standpoint, talking too much during the investigation—telling a witness what another witness said, revealing your personal opinion to one of the employees involved, or publicizing the complaint in the workplace, for example—can lead others to doubt your objectivity.

What can I expect from an HR investigation?

Based on the outcome of your interviews, your HR and legal team might decide to pursue further evidence. This could include watching security camera footage, reading work emails, checking computer hard drives, or reviewing other relevant material.


How do you survive an HR investigation?

What to Do When You Are Being Investigated at Work
  1. Keep your appointment with the investigating committee. Your manager, HR, and any other neutral party could be involved. ...
  2. Listen. ...
  3. Consult a lawyer. ...
  4. Share your side of the story and offer proofs. ...
  5. Do not retaliate. ...
  6. Ask to understand your options.


How do you answer HR investigation questions?

Your task is to only answer specific questions asked by the investigator. You should not be sitting and telling the investigator long stories, but only answer specific questions asked. Once you answer the question asked, stop talking and wait for the next question. This will make the process much easier and quicker.


HR Basics: Workplace Investigations



Do HR investigations lead to termination?

In most HR investigations, no serious disciplinary actions are called for in the end. It generally takes a lot of solid evidence to lead to something like an immediate termination or demotion, for example.

How long does a HR investigation take?

An HR department typically takes three days to a week to investigate a complaint. The time frame can depend upon your specific company and its HR department, what the complaint pertains to, and how many witnesses or relevant employees need to be interviewed to complete the investigation.

How do you defend yourself in an HR meeting?

Answer honestly, … if you can.
  1. Protect your dignity. You might be raging inside, but make sure you walk out of the meeting looking as calm and as confident as you can. ...
  2. Protect your reputation. Don't complain to your coworkers about the meeting. ...
  3. Protect your job. ...
  4. Correct the record.


Do I have to answer HR investigation questions?

Answer: Yes, your company can require you to take part in its investigation. Most likely, your company can require you to take part in its investigation. After all, the only way the company can find out what's going on -- and take steps to remedy the problem -- is by talking to the employees involved.

Do I have a right to know if I am being investigated at work?

Employers have a wide discretion when it comes to investigations – generally there is no right to be accompanied at an investigation meeting (unless your employer's policy says otherwise) and no right to see the evidence being used at this stage (unless your employer's policy says otherwise).

What is the most important part of an HR investigation?

Detailed interviews are the most important aspects of workplace investigations. Interviews can provide a clear understanding of an incident and help employers determine what, if any, disciplinary action should be taken.


What questions to ask during an investigation?

Questioning the Reporter
  • What happened? ...
  • What was the date, time, and duration of the incident or behavior?
  • How many times did this happen, that you're aware of?
  • Where did it happen?
  • How did it happen?
  • Did anyone else see it happen? ...
  • Was there physical contact? ...
  • What did you do in response to the incident or behavior?


Does HR take complaints seriously?

Deal with complaints in a way that reflects their severity. HR complaints should always be taken seriously. But exactly how seriously depends on the severity of the complaint. “Companies should avoid zero-tolerance policies.

What questions is HR not allowed to ask?

It is illegal to ask a candidate questions about their:
  • Age or genetic information.
  • Birthplace, country of origin or citizenship.
  • Disability.
  • Gender, sex or sexual orientation.
  • Marital status, family, or pregnancy.
  • Race, color, or ethnicity.
  • Religion.


What questions can HR not ask?

The Equal Employment Opportunity Act (EEOA) prohibits you from asking questions that might lead to discrimination or the appearance of discrimination.
...
Bottom line: you cannot ask questions that in any way relate to a candidate's:
  • Age.
  • Race.
  • Ethnicity.
  • Color.
  • Gender.
  • Sex.
  • Sexual orientation or gender identity.
  • Country of origin.


What HR Cannot ask?

Traditional HR Questions
  • Tell me about yourself. ...
  • Why do you want to work for our company? ...
  • What are your greatest strengths and weaknesses? ...
  • Why are you looking for a change? ...
  • Tell me about the gap in your resume. ...
  • How would you rate yourself on a scale of 1 to 10? ...
  • What is your biggest achievement so far?


What does it mean when HR wants to talk to you?

HR may ask to meet with you if your employer is offering you a bonus or promotion or if they have to decrease your pay or offer you a lower pension. HR may also ask to meet with you to explain any upcoming changes to overtime pay, paid time off, paid holidays or extended leave policies.


Are conversations with HR confidential?

The Dimensions of Employee-HR Confidentiality

Federal and state anti-discrimination laws, for instance, require the collection and retention of various types of employee information by HR representatives. This data, which can pertain to age, sex, religion, race or national origin, must remain confidential.

Does HR protect employees or the company?

The main job of HR, from the C-suite point of view, is to protect the company by delivering competent employment candidates on a timely basis, supporting effective and legal recruitment and selection procedures, and keeping the company's behavior on the right side of the law at all times and in all matters.

Can HR fire an employee?

Of course they can. People get fired for all sorts of reasons everyday, and most people in America don't have any recourse when it happens. But human resources rarely leads the way in firing someone. The decision to terminate an employee nearly always comes from their manager or supervisor.


What happens after you report someone to HR?

The exact procedures will vary from employer to employer, but generally speaking, after you file a complaint, HR will investigate the issue, which involves questioning those who are involved and examining your evidence, as well as taking additional steps as necessary.

What are the types of investigation in HR?

Six Types of Investigations Coming Soon to a Workplace Near You
  • Discrimination Investigations. ...
  • Harassment Investigations. ...
  • Safety Concerns and Whistleblower Retaliation Investigations. ...
  • Reasonable Accommodation Investigations. ...
  • Leave Law Compliance and Retaliation Investigations. ...
  • Timecard and Wage/Hour Investigations.


What triggers a workplace investigation?

Various situations arising in the workplace can trigger the need for an investigation – alleged discrimination or harassment, workplace bullying or abuse, inappropriate use of the internet or social media, theft of company property, fraud, policy breaches, statutory violations, allegations of just cause and so forth.


Can HR save you from getting fired?

But human resources rarely leads the way in firing someone.

The decision to terminate an employee nearly always comes from their manager or supervisor. HR's role is to coordinate the process, explain your rights and benefits when leaving an organization, and make sure your employer follows the law and its own policies.

How much power does HR have?

HR's job is to support the company's managers, not to dictate how they operate. Some companies give HR more power than they should – such as letting them control how other departments hire or make promotion decisions.
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