When a harassment claim is made in the workplace, employers are held liable. It is the employer’s obligation, not only legally but also ethically, to investigate every claim made, no matter how severe the allegations may be.
Employers can prevent Bill 168 (workplace violence & workplace harassment) violations by implementing proper policies and developing and maintaining a program to implement the policies, reviewing & updating policies regularly (annually), and by conducting thorough background checks.
When these preventative measures just aren’t enough and a claim has been made, unless you are well versed in the law of harassment & proper investigative procedure, it is easy to find yourself in legal hot water.
Having an external party conduct the investigation is always recommended, and sometimes even required, to ensure that the investigation remains objective and unbiased. When choosing this external party, it is best to choose someone that is experienced in conducting investigations, such as a P.I.
A good Private Investigator will assure that, on top of the investigation itself, their clients receive ongoing support, consultation & trial preparation.
The requirements of a proper Bill 168 investigation are as follows: the investigation must be undertaken promptly, it must be objective (performed by someone not involved in the incident OR under the direct control of the alleged harasser), it must maintain confidentiality, it must be thorough (interview harassed & harasser(s) and any witnesses and ask specific questions about incident/complaint).
Don’t put yourself or your company at risk. When an employee investigation of any sort is required, put your mind at ease and leave it to the pros.