Legal Issues for HR Professionals

• Date: 01 March 2013
• DOI: 10.1177/0091026013484568
• Published date: 01 March 2013
• Author: William J. Woska
• Subject Matter: Articles

Public Personnel Management

42(1) 90 –101

© The Author(s) 2013

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DOI: 10.1177/0091026013484568

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Article

Legal Issues for HR

Professionals: Workplace

Investigations

William J. Woska1,2,3

Abstract

Employers have a duty to perform workplace investigations in situations involving

a workplace incident that violates an employer’s rules, regulations, policies, or

procedures. Workplace investigations occur for many different reasons including

reports of sexual harassment, employee altercations, safety issues, security breaches,

customer complaints, and other issues. The primary goal of a workplace investigation

is to produce findings that will provide the employer with the basis to make a decision

concerning the action to be taken regarding the incident. By taking the necessary

steps to determine what happened the employer is provided with a solid foundation

to defend any action that may be taken with respect to a subsequent challenge.

Keywords

workplace investigations, legal duty, employer liability

In 2007, Woska addressed critical issues concerning preemployment investigations (reference

checking and background) in an article published by the International Public Management

Association for Human Resources. This article addresses the postemployment investigation

process incumbent upon management as a result of incidents occurring in the workplace.

Introduction

Workplace investigations may be a two edged sword with respect to the employer.

However, an employer has a duty to investigate a situation following a report of a

workplace incident that violates an employer’s rules, regulations, policies, or proce-

dures. Conversely, an investigation that is performed by an unqualified individual, or

1Labor and Employment Law Section, The State Bar of California

2Cabrillo College, Aptos, California

3Woska Associates, Employment Law Group, Carmel, California

Corresponding Author:

William J. Woska, 25884 Hatton Road, Carmel, California, CA 93923, USA.

Email: wwpw@comcast.net

484568PPM42110.1177/0091026013484568Public Personnel ManagementWoska

research-article2013