Personnel Investigations Human Resources of Central Missouri Emily Omohundro & Danielle McAfee Duane Martin

Personnel Investigations: Overview Appoint one individual to conduct the investigation Promptly interview employee and any witnesses Obtain written statements Collect and preserve all relevant evidence Consider whether policies prohibiting discrimination, harassment, and/or retaliation are implicated

First Steps: Interview Employee Communicate the concern/issue to the employee Obtain employee’s side of the story Right to representation? Direct employee to provide written statement immediately Provide list of specific allegations Consider placing employee on leave during investigation Consider suspending employee’s technology privileges

Next Steps: Collect & Preserve Evidence Written complaint/grievance Interview employee and other witnesses Written statement from employee Written statements from witnesses Written communication with employee Emails Memos Text messages Photos/videos Social media Other relevant records Employee time cards Surveillance video Financial statements Transportation logs

Obtaining Effective Statements from Witnesses Meet with witnesses individually in a private location Direct witness to provide a written statement Sign and date Ask witness specific questions regarding alleged misconduct Ask witness to use specific dates and times (if possible) Ask witness to provide complete names Thank witness for their assistance Advise witness of any policy prohibiting retaliation

Outcome of Investigation If suspected criminal activity, report to law enforcement If any policy prohibiting discrimination, harassment, or retaliation has been possibly violated, report to appropriate individual If employee misconduct is substantiated, implement consequences as appropriate Disciplinary meeting to discuss expectations and potential consequences Disciplinary memo/document in employee’s permanent file Address at next evaluation opportunity Provide additional training Reassignment of responsibilities/duties Termination of employment

Additional Considerations: Possible Legal Issues Risk of discrimination claim By complainant By employee (subject of investigation) Risk of retaliation

Personnel Investigations Human Resources of Central Missouri Emily Omohundro & Danielle McAfee Duane Martin