I’ve run into some situations lately that compel me to write about some basics of workplace investigation.  Yes, I tend to wander into the weeds of workplace bullying, coaching harassers and subtle discrimination, but at my core, I am a workplace fact finder.  I come to my investigations as a neutral and my job is to get to the bottom of things, while doing so in a way that makes my work both defensible and least disrupts the operations of the organization.

It’s gifting season. When I talk to groups about trying to effectively prevent and address unwelcome behavior at work, I talk a lot about gifts — those things people give us voluntarily. Like feedback. When we get a gift, most of us have been taught, we don’t necessarily respond authentically (what the heck did you give me THAT for?) Instead, we thank the person, show appreciation and say something like “I know just what I’ll do with it.” We don’t throw gifts back at people, because that makes them hurt or angry.  We are gracious and we accept the gift. 

In 1998, 1999, and 2000 I went to the NFL Camps of the Baltimore Ravens and the Minnesota Vikings, and I talked about behavior.  We discussed sexual assault and date rape.  The players were unusually frank and raucous in each case, and the youngest players seemed amazed that they now had a public persona to master. 

Of all the work I do, some of the most maddening and satisfying involves coaching High-Level Professionals (HLP’s) — usually physicians, attorneys, CPA’s or CEO-types — whose behavior has reached a point where even the timid have decided that something must be done.  These are usually extremely high-performing individuals who trail behind them a low-level hum of mild to moderately inappropriate conduct.  Not the stuff of scandal or outrage, this kind of behavior might be isolated to the occasional sexist comment, inappropriate joke, or racially wince-worthy reference. 

It has happened again in our community; the details are still fuzzy, but we do know that a terminated employee opened fire in his workplace, killing five and wounding others. What a terrifying experience it must be to be in your place of work and to have it transform so quickly from safe to life-threatening. While some will call for gun control and the media will dissect every detail they can, employers should once again be reminded that this CAN happen here.

… be aware of two very recent and very important pieces of information. 

Speaking at the Institute always gives me an opportunity to contemplate the challenges people face in their practice — whether advising employers, conducting investigations or attempting to manage workplace conflict. This year, as every year, I ran short of being able to address all of the questions written by attendees, and, as promised will address them here.

As promised, I have attached PDF copies of my PowerPoint slides from my break out sessions for your personal use.  As always, I ask that you be respectful of my intellectual property rights and use it only for internal or personal information sharing.  Any other use requires express permission.

I’ve been doing a lot of talking about bullies.  Increasingly, employers are asking me to speak with their employees and managers about bullying in the workplace, and the response I have been getting is remarkable.  After every session, whether in a blue-collar setting or a tony professional firm, people approach me and tell me their stories.  And the stories floor me.

INTERNAL INVESTIGATION COMPETENCE: When an internal investigation is being scrutinized, it’s best to have prepared for the questions that will inevitably be asked. This is an update of an oldie-but-goodie that emphasizes the importance of consistency in practice in defending your investigations.