investigation documentation

windjam

How long do we need to retain the investigative information? Also, do we retain it in the personnel files of the primary employees or does it need to be kept separate? Should it be in sealed envelopes marked on the outside, ie: "sexual harassment claim" and the date or left loose in the file?

Margaret Morford

Here's what I would suggest. The head of HR should keep an investigation file on every complaint that contains all documentation (notes, witness statements, etc.) under lock and key. If corrective action/discipline is issued as a result of that investigation that should go in the offending employee's file. The reason for doing this is that it makes it difficult for an employee to charge retailation claiming he/she didn't get a promotion, raise, got fired, etc. because he/she made a complaint some time in the past. If you seal these documents in an envelop and put it in the employee file, everyone who has access to the files, sees it and knows that there's been some sort of difficulty, regardless of what the facts are. The only downside to doing it this way is that you have to remember to include these documents if they are ever requested by subpoena. That's usually not difficult because when you get charged/sued, you usually round up all documentation anyway. Hope that helps!

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

Anita

I agree completely with Margaret. I keep all "paperwork" relating to each investigation in a seperate file that NO ONE has access to except me.