Internal/Human Resources Investigations
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 HR 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 internal investigation, you want to make sure everything is documented. So, 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 HR 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 personnel manual.
Only you can answer the question of whether or not you are ready to pursue a racially-based workplace complaint and whether or not the issue warrants additional review and investigation from an outside source.
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.
If you don’t hear back from your company’s lead HR 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 internal investigation, you want to make sure everything is documented. So, 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 HR 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 personnel manual.
Only you can answer the question of whether or not you are ready to pursue a racially-based workplace complaint and whether or not the issue warrants additional review and investigation from an outside source.
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.
Labels: discrimination, filing complaints, harassment, investigation, retaliation, tips and strategies
posted by S. Mary Wills at 8:46 AM
3 Comments:
I see your reasoning here but every employee/employer situation is not the same. All employees should be warned that not all information should be made available to their employer. Try alittle test first, find out where your "moles" are and turn-coats by throwing out some information and see if they bite and what they do with it. In my case the former employer was conspiring to cover-up any allegations of violating federal laws. They were willing to shed my blood over it if necessary but held their violating managers in protective custody so to speak. They even were in the practice of hiring people who were former employees of the EEOC and had an impressive group of attorneys to boot! Their main objective was to stick it to the complaining employee by any means necessary. They did not mind fabricating statements, character assassination was all in a days work for them. Each person should think long and hard before disclosing any witnesses, evidence or any other information that they have. The best thing to do is to file a complaint immediately and get an attorney. If the company is willing to cover-up and conspire once, they undoubtedly do it time after time after time. Afterall, it's probably a pattern at this point. Again, think long and hard before proceeding.
Hey,
I've been doing this blog since 2006 and have written repeatedly that every situation is different. These are general tips, strategies, suggestions, whatever you want to call it.
I've often written that people should only provide as much evidence as necessary to prove the merits of their case, but never give up everything because they may need it later to save their job, as leverage, to prove a larger conspiracy, etc.
It would be great if people would go to an attorney and keep information secret until a complaint has been formally filed, BUT most people aren't going to go right to that step.
Some people will actually try to work within the system at their company, for better or for worse.
For those that take that approach, you can't just make a baseless complaint. Like I said, I've recommended keeping lots of information back and providing the simplest version of events and witnesses.
Otherwise, you're going to have an internal investigation that is more easily found to be baseless and so-called uncomfirmable.
By providing something to HR, you are making it more difficult. Does that mean they won't lie. Hell no!
I've worked in HR and I know how the outright lies and massaging of the truth go.
However, by giving some data, when HR comes back and says the complaint is baseless, it is providing some helpful information if an employee continues to pursue the vindication of their rights.
An external investigator/lawyer, etc. will be able to tear into an employer that had enough facts to act, but pretended they didn't. And, sometimes HR staff will commit lies to paper/email with internal complaints.
All of that is very good evidence and provides more avenues of showing the level of corruption, the lack of ethics, the illegality of actions made by an employer.
On top of that, internal investigations can set a person up for retaliation or more retaliation.
I always stress that everyone consider the impact of all actions taken with respect to workplace issues and judge by the cast of characters they work with and the specific circumstances.
Internal investigations do work for some. Or, they can appear to work and lead to more drama later. Or, they can just jump off a whole new level of explosive actions.
I give it honestly here.
To S. Mary Willis - your comment - I just want to say thank you so much for posting!
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