When a situation arises requiring HR to launch an investigation, it is often a crisis. Reacting without forethought in the heat of the moment can lead to rushed, unplanned and ultimately less effective investigations that can make the situation worse. Diving directly into interviews is a common but critical mistake; interviews are essential investigative tools, which must be strategic and well planned to be effective. The following practical steps will help you use interviews effectively to further investigation goals, consistent with compliance requirements and best practice.
1. Be prepared: Before conducting interviews, first obtain and review any preliminary evidence and documentation, e.g., personnel files, emails, etc. And even before obtaining or reviewing any such evidence, particularly if it involves monitoring or reading communications, consider whether it was or can be legally obtained in the country where it was located or where you may want to use it against an employee in a disciplinary proceeding or termination. Data privacy laws are strictly observed in some countries, and violating them might not only allow a wrongdoer to escape consequences, but turn the table legally and put the company in the wrong. Find out what other requirements you must observe to ensure that information obtained from interviews does not become the “fruit of the poisonous tree” i.e. that it might not be legal to use it in a disciplinary process, and consider how and whether you might want to modify your approach.
