Employee Complaint? Why Companies Need Workplace Investigations

There is nothing that can bring a business owner down quite like a complaint from an employee. 

But instead of fearing the employee complaint, why not try to reframe the approach - by welcoming complaints? Speaking up takes courage. After all, the mere fact that an employee has chosen to speak up and make a complaint about something that is not right in the workplace means that your complaint system is working - and you may still have an opportunity to make things right.

Yes, we understand from our decade of litigating employment claims that employee complaints can cause waves - they can create discord amongst employees and the potential to divert valuable time and resources away from the company. 

But an unaddressed complaint? Then we see just how bad things can get. Not only can unaddressed complaints create safety and security risks, an unhappy and unproductive workplace, or a downturn in employment retention - they can also cause your company (and possibly yourself) liability exposure. 

And while complaints may cause discord in the workplace, if we take a page from Adam Grant, organizational psychologist, and New York Times bestselling author of Originals and Option B, discord isn't a bad thing because it can mean you have "originals" amongst your employees. 

In his book, "Originals," Grant defines originals as, “nonconformists, people who not only have new ideas but take action to champion them. They’re people who stand out and speak up. Originals drive creativity and change in the world. They’re the people you want to bet on and they look nothing like I expected.” 

Sometimes "employee complaints" are an opportunity to explore constructive criticism for your company - and a good leader should listen. 

So, we have established why it is important to address employee complaints, but just how should you address them? In this article, we give you three reasons why you should consider conducting a workplace investigation in response to an employee complaint. 

What is a Workplace Investigation?

The term "workplace investigation" itself may summon ideas of a  turn-your-company-upside-down type of procedure, and while there are some complaints so serious that a full-scale investigation may be necessary, the fact is that the majority of complaints do not. This is not to say that not every complaint should be taken seriously, but we often find employers hesitant to commence a workplace investigation in response to a complaint because they just do not have a strong understanding of what doing so actually means. 

In short, a workplace investigation means investigating a complaint. It means taking time to understand the allegations made by the complainant, and gathering evidence, and usually entails making a finding. Depending on the type of allegations and the number of witnesses and documents involved, an investigation could be very short or even take months.

It is important to clarify here that not every sort of "employee complaint" warrants the necessity of involving an outside workplace investigator. Some "employee complaints" may just be an "original" employee providing an item of constructive criticism. For those types of "complaints," the most powerful thing an employer can do is listen - and be receptive to that feedback. But other complaints, such as those involving discrimination, harassment, retaliation, workplace bullying, or fraud, may require the assistance of an outside workplace investigator. 

Now that we have a basic understanding of a workplace investigation, we can get to the heart of today's question - why is a workplace investigation necessary? When it is the type of complaint that warrants an investigation, we give you three reasons why workplace investigations are important. 

Reason to Conduct a Workplace Investigation: Early Intervention

If an employee is making a complaint, it is usually because they have a concern about something that is going on in the workplace - and it is usually not good. 

As a company, an investigation can help you to find out if this bad thing happened. It can help you uncover how it happened and whether it is still happening so you can stop it - and understand what needs to take place to prevent it from happening again. Not only does this aid in creating a safe and inclusive workplace for your employees, but it can help to shield the company from further liability (more on that, below). 

And if nothing bad happened? An investigation can help you to understand why the person is complaining, which might be a workplace culture issue that needs to be addressed. 

Reason to Conduct a Workplace Investigation: To Enforce Company Policies

You took the time to prepare company policies, so make sure they are enforced.

It is one thing to say that you are a company that has "zero tolerance for discrimination, harassment, and retaliation," and it’s another thing to be that company. 

Taking affirmative steps to investigate employee complaints shows that the company values its policies – and takes them seriously. It also shows your company is serious about following through with any progressive discipline policies in situations of misconduct.

And finally, if you follow company policies in every situation, you can ensure that all employees are being treated fairly and consistently.

Reason to Conduct a Workplace Investigation: Reduce or Limit Liability

No matter the outcome, a successful investigation can help your company defend against future litigation. If the bad conduct occurred, you identified it, and took prompt action to make it stop – that could be considered as a potential defense (affirmative defense) if you are facing a lawsuit at some later time. 

Taking prompt, remedial action to stop bad acts from occurring can help prevent the conduct from interfering with an employee’s ability to do their job and rising to the level of creating a hostile work environment. If the bad action did not occur, and you have gathered documentation to support that through a workplace investigation, you will be prepared with a defense for potential litigation.

Contact Moxie Mediation for your Workplace Investigation Needs

If you are a company facing an employee complaint and want assistance on how to handle it or if you are looking for an experienced lawyer to assist you with a workplace investigation, contact Moxie to discuss your workplace investigation options. We offer remote, video conferencing free consultations. 

Where Does Moxie Provide Workplace Investigation Services? Moxie offers workplace investigation services in California, Ohio, Florida, and Colorado, throughout the United States and internationally.