The Essential Guide to Workplace Investigations: How to Handle Employee Complaints and Problems

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Author: Lisa Guerin

ISBN-10: 1413312047

ISBN-13: 9781413312041

Category: Personal & Private Investigation

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Investigate and resolve common workplace complaints and problemsThe Essential Guide to Workplace Investigations is both a legal and practical book, packed with tips and strategies that will help you sort out your workplace problems, quickly, and effectively. Use this affordable, step-by-step guide to investigate and resolve every kind of workplace problem, including common issues such as harassment, employee theft, and workplace violence.This thorough guide provides all the plain-English forms, sample policies, checklists, and sample documentation that managers, supervisors, business owners, and human resources professionals need to conduct a successful investigation that will stand up in court. The 2nd edition of The Essential Guide to Workplace Investigationsincludes a brand new chapter on investigating employee substance abuse, plus updated charts and legal resources for all 50 states. It also incorporates the latest legal developments in employment law, including changes to the Americans with Disabilities Act (ADA) and important Supreme Court decisions on age discrimination, age retaliation, and more. All forms, as well as sample audio interviews and scenarios, are included on a CD-ROM.

Part I Investigation Basics1 Workplace Investigations: An Overview 3The Benefits of an Effective Investigation 5Ten Steps to a Successful Investigation 8Common Investigation Mistakes---and How to Avoid Them 122 Getting Started 29Discovering Workplace Problems 31Decide Whether to Investigate 38Take Immediate Action, If Necessary 41Choose the Investigator 43Plan the Investigation 523 Gather Information 59Get Started Right Away 60Conducting Interviews 61Gathering Other Evidence 85Follow-Up Interviews 914 Make and Document Your Decision 93Evaluate the Evidence 94Decide Whether Misconduct Occurred 100Take Action 102Document Your Decision 108Follow Up 112Part II Investigating Common Workplace Problems5 Investigating Discrimination 117What Is Discrimination? 119Ten Steps to an Effective Discrimination Investigation 1386 Investigating Harassment 173What Is Harassment? 175Ten Steps to a Successful Harassment Investigation 1887 Investigating Workplace Theft 215How Employees Steal 217Ten Steps to a Successful Theft Investigation 2338 Investigating Threats and Violence 265Threats and Violence in the Workplace 267Ten Steps to a Successful Investigation of Violence 2799 Investigating Drug and Alcohol Use 311Workplace Drug and Alcohol Use 313Ten Steps to a Successful Investigation of Drug or Alcohol Use 335AppendixesA Workplace Policies 373Complaint Policy 374Open-Door Policy 377Antidiscrimination Policy 378Antiharassment Policy 380Antiviolence Policy 380Drug and Alcohol Policy 383B Forms and Checklists 387Complaint Reporting Form 389Investigation Notice Form 391Investigation Report Form 393Adverse Action Notice Form 395Checklist: Ten Steps to a Successful Investigation 396Checklist: Avoiding Common Investigation Mistakes 397Document Checklist 399Credibility Checklist 400Discipline Checklist 401Investigation Report Checklist 402C Sample Investigation Documents 403Complaint Reporting Form 405Interviews 408Written Warning 436D Resources 439State Laws Prohibiting Discrimination in Employment 440State Agencies That Enforce Laws Prohibiting Discrimination in Employment 453State Drug and Alcohol Testing Laws 458Resources on HR and Employment Available From Nolo 470Resources on HR and Employment Available From SHRM 472E How to Use the CD-ROM 479Option 1 Accessing Investigation Resources From the CD 481Option 2 Installing and Accessing Investigation Resources on Your Computer 482Files Included on This CD-ROM 483Index 485