Friday, December 15, 2006

Following Up On An Internal Investigation

If you’ve filed an internal complaint at your company claiming racially-based mistreatment, you want to stay on top of any investigation that your employer tells you it is conducting. Some employers will take their time conducting investigations into such matters, but you should speak with your employer regarding the timing of the investigation because it’s best for them to speak to witnesses and other coworkers, when information and events are still fresh in everyone’s head.

If you don’t hear back from your company’s lead investigator during the time frame outlined in corporate procedures or in some other time frame that you’ve agreed upon, you should formally follow-up with your employer to get a status update on the investigation. Make this request in writing. If you ever have to request an investigation, don’t ever follow-up with people by phone and, if you do, follow-up with an email stating everything discussed and agreed upon on the call.

If after the investigation, there is a finding that no harassment, discrimination or retaliation took place and you are convinced that one or all of these offenses took place, you should begin the appeals process at your company per the guidelines outlined in the company’s manual.

Only you can answer the question of whether or not you are strong enough to pursue a racially-based workplace issue and whether or not the issue warrants additional review and investigation.

If you are still unsatisfied with the findings of the in-house investigation, look into alternative methods to deal with your issues, such as filing a complaint with the EEOC or your state’s Office of Human Rights, which is part of the Human Relations Commission. If you file a complaint with the Office of Human Rights, your case will be jointly filed with the EEOC and you will also receive an EEOC case number.

To summarize, when you’re requesting an investigation you should:

--Request the investigation in writing;
--Save multiple hard copies of the request, including supporting documentation;
--Know the procedures that govern the investigation;
--Know the expected timing of the investigation;
--Present evidence strategically;
--Present a witness list;
--File an appeal, if you don’t agree with the decision;
--Find alternative resources, if your situation warrants it (e.g., outside/external investigation, legal counsel, etc.); and
--Keep your mouth shut during the investigation—remember that you are surrounded by liars and opportunists in the workplace.

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