HR detective: 10 mistakes to avoid in workplace investigations.

• Position: Nuts & Bolts

Conducting workplace investigations is one of the most challenging duties that HR professionals take on. How you respond to complaints about harassment or other misconduct can have huge legal and practical implications. Here are the 10 most common investigation mistakes to watch out for:

1 Ignoring complaints

Failing to take action on a complaint or choosing not to conduct an investigation after learning of allegedly inappropriate conduct can result in your organization being legally responsible for harm caused to any employee, client or others. Investigate regardless of how frivolous or unfounded the complaint appears--or who has complained. Remember: Just because a complaint is anonymous does not excuse failure to investigate.

2 Not having a plan

Create a preliminary plan for the investigation so you understand its purpose. Think about these five W's:

* Why are you investigating?

* Who will conduct the investigation?

* Who are the witnesses who need to be interviewed?

* What evidence needs to be collected?

* What is your investigation timeline?

3 Taking too long

Delaying an investigation may lead to employer liability. Particularly in harassment and discrimination cases, deciding to wait to begin an investigation may be viewed as subjecting the employee to additional unlawful behavior.

Your timing goal: Strike a balance between adequately preparing for the investigation and avoiding unreasonably long delays.

4 Poorly trained investigators

Train several employees to conduct an impartial, professional and credible investigation. Another option is to hire a trusted HR colleague or use in-house counsel or an outside attorney to conduct the investigation. No matter who you choose, making sure that the investigator is trained and able to begin the investigation promptly is key.

5 A sloppy process

If you fail to interview necessary witnesses, fail to review relevant documents and ignore potential issues that come up during the investigation, you'll create just as much legal exposure as not doing an investigation at all.

6 Unlawful searches

Searching an employee's personal belongings or monitoring certain communications without consent can violate several federal and state laws. Avoid liability by informing employees of surveillance policies. Obtain their consent to monitor and access information on any devices employees use at work.

7 Interviewing too aggressively

Aggressive tactics may result in legal claims such as false imprisonment and...