USA – PENNSYLVANIA Trends and Developments Contributed by: Robert Ufberg, Matthew Boyd and John Ellis, Ufberg & Associates, LLP
Ufberg & Associates, LLP 310 Penn Avenue Scranton, PA 18503 USA
Tel: +1 570 341 8800 Fax: +1 570 341 8801 Email: rufberg@ufberglaw.com Web: ufberglaw.com
Conducting Workplace Investigations – Best Practices and Trends No two workplace investigations are exactly alike. Investigations are triggered by a wide range of issues – misconduct, performance, discrimination, harass - ment, health or safety concerns, or alleged criminal conduct, to name a few of the most common gen - erators. Because of this variability, the best practices outlined herein are broad, rather than prescriptive. Effective investigations, regardless of the specific issue to be investigated, embody the core principles of fairness, thoroughness and impartiality – in turn, cloaking the investigation in legitimacy and providing the organisation with the objective data it needs to make an informed decision. In the evolving landscape of workplace investigations, organisations are facing not only a surge in the num - ber of complaints, but also a marked increase in their complexity. This change demands that employers allocate more resources and develop more sophis - ticated protocols to ensure their investigative pro - cesses meet contemporary challenges. For example, the widespread adoption of hybrid and remote work environments has significantly impacted how investi - gations are both initiated and conducted. Today, much of the evidence may be digital, ranging from screen - shots and chat logs to emails and cloud-based docu - ments. Consequently, investigators must now master new skills and leverage advanced tools to effective - ly gather and assess digital evidence and conduct remote interviews with professionalism and sensitivity. Legal scrutiny of workplace investigations has also intensified. Courts and regulators often examine not
just the outcome of an investigation, but the rigour and fairness of the process itself. Questions such as whether the investigation was objective, whether all relevant evidence was considered, whether the docu - mentation supports the findings and whether every pertinent witness was interviewed all come under careful review. Prompt, impartial and well-document - ed investigations are now essential for reducing legal risk and demonstrating organisational integrity. Additionally, the rapid evolution of employment laws, data privacy standards and regulatory enforcement has made compliance even more challenging. Stay - ing updated with legal requirements is no longer optional – it is a necessity. As a result, organisations are increasingly seeking investigators who possess specialised skills, such as digital forensics expertise, cultural competence, trauma-informed interviewing techniques and a deep understanding of complex legal issues. The days when a single investigator could handle any workplace issue are fading, replaced by a growing emphasis on expertise and flexibility in response to the evolving demands of investigations. Organisations now recognise the importance of bringing in specialised skills and knowledge, and are incorporating expert support as needed to address increasingly complex situations. Triggering events and threshold questions Before initiating an investigation, an organisation must ask some threshold questions. • Who is potentially involved, and to whom do they report? • What workplace policies apply?
469 CHAMBERS.COM
Powered by FlippingBook