The Dos and Don'ts of Internal Investigations

When you’re requesting an official investigation at work (via your department head, HR, etc.) …

DO:

· Request the formal investigation in writing/via email (memo);

· Save multiple hard copies of the request, including any supporting documentation that was forwarded to HR;

· Know the procedures that govern the investigation;

· Know the expected timing of the investigation;

· Present evidence strategically. Only submit what is vitally necessary to prove your case. Submit the evidence in some logical order for ease of understanding the issue;

· Label your evidence with the relevance of each item submitted for review by the investigator;

· 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.


DON’T:

· Allow people with conflicts of interest to be an integral part of the investigation. Express why you are concerned with a person’s participation in the investigation and ask for alternates to replace that individual;

· Inform your chain-of-command before filing a complaint, if your chain-of-command is the party that is bullying, discriminating or retaliating against you;

· Accept a determination you don’t agree with--investigate your options, such as filing an appeal or filing a complaint with EEOC; and

· Give your employer ammunition to use against you. For example:

-- make sure you report to work early or on time;
-- don’t miss deadlines;
-- be professional at all times;
-- double-check your work;
-- don’t take the bait (e.g., people will try to antagonize you to get an angry response that can be used against you later);
-- document everything; and
-- don’t keep evidence at work where it can be found and destroyed.