 October 1, 2018
Stop Escalating Conflict With This Quick Step
Like most of the country, I watched mesmerized by the Senate hearings last week, concerning the allegations by Christine Blasey Ford against Brett Kavanaugh.
Because I frequently conduct investigations, however, I think that I watched a bit differently than most of the Nation. While I understand that what we were watching was political theater and not a workplace investigation, we can still learn three things from the Senate Judiciary Committee’s mistakes.
1) First, an employer’s obligation during an investigation is to remain neutral. Theoretically, the Senate Judiciary Committee was conducting an elaborate job interview. What emerged, as a part of that interview, was a need for an investigation. Once you are in investigation mode, neutrality is the rule.
2) Second, you have to decide credibility. Many workplace investigations involve he said/she said (or he said/he said, or she said/she said) allegations. As a part of the inquiry, you have to decide who you believe. You cannot just throw up your hands and decide that you cannot determine what happened because it’s a credibility tie. Courts and juries decide swearing contests every day. As an employer, you have to also. An experienced investigator, digging for the truth, can usually find other evidence to support one side or the other. As a part of credibility investigations, you have to look at motive. Does someone stand to gain by lying or not?
3) Third, statements are evidence. I am frequently told that there is no evidence that something occurred. Witness statements, including those from the complainant and the accused, are evidence.
What Should You Do?
- Hire experience. An experienced investigator will know how to follow the three rules above.
- Resist leaping to conclusions. As a leader, remain calm and neutral. Take a deep breath and allow the investigation to run its course.
- Understand the burden of proof. Workplace investigations are not criminal trials where the standard of proof is beyond a reasonable doubt. With workplace investigations, you are working with a civil standard: a preponderance of the evidence. If you have a feather weight more evidence on one side than the other, that is the side you choose.
What Do You Think?
How have you dealt with issues of neutrality, credibility and evidence during investigations? Call or write us at 303-216-1020, [email protected].
 Did You Know
Our sessions on conflict and effective conversations help guide you through the process.
Call or write us at: 303-216-1020 or
Lynne@workplacesthatwork.com
Learn more about our training offerings and check out our team members at:
 Also, I will be speaking at the Association of Workplace Investigators in San Francisco, October 13. I would love to see you there.
Be sure to read Lynne’s book: “We Need to Talk Tough Conversations With Your Employee”.
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