Workplace disputes happen at every RV dealership. Maybe a salesperson feels harassed by another employee. Perhaps someone got into a fight in the breakroom. Maybe an employee believes someone is treating them unfairly because of their race.
No matter the problem, having a robust investigatory framework is important. Otherwise, dealership leaders risk losing workers’ trust and driving up employee turnover that has already reached crisis levels.
Let’s look at the four key steps to conducting an airtight workplace investigation—one ensuring compliance, completeness and confidentiality.
Before Anything: Do a Regulatory Refresh
As with many workplace aspects, dispute investigations are subject to state and federal laws. These laws detail employees’ rights and employers’ responsibilities.
Although many states simply default to the federal standard, some (such as California) have particularly strong worker protections and are revised frequently.
Before any investigation, make sure you are current on the latest regulatory requirements. Reviewing your company policies, such as anti-harassment or complaint procedures, is worthwhile.
Doing your due diligence early on can keep your dealership compliant and inspire trust in your investigatory process.
Step 1: Identify Basic Facts and Witnesses
Anytime an employee comes to you about a dispute, showing you take their complaint seriously is crucial. Begin by letting them share their experience and securing the complaint.
Workplace disputes are often emotional. Being a good listener can communicate empathy for the complainant’s situation.
After you have listened to the employee’s story, take some time to ask some initial clarifying questions.
Your inquiry should enable you to walk away understanding
- What the complainant believes happened.
- Where and when the situation occurred.
- Which employee(s) was/were involved.
- Whether any corroborating witnesses were available.
Clearly document the complaint in your written notes. If the complainant provides a self-written statement up front, I recommend filing that away as well.
Once you collect the facts, check them against your employee handbook and employment regulations to gauge whether the complaint violates any rules. If you choose to move forward with an investigation, this step ensures you have a clear basis for any measures that follow.
Step 2: Choose a Reliable Investigator
Reducing bias throughout every workplace dispute investigation is important. The process starts when you choose your investigators.
Often, the human resources department can function as a generally neutral third party. However, there are exceptions.
If a dealership executive is involved in a dispute, for example, an HR-led investigation could create a conflict of interest.
In situations where HR cannot maintain a bias-free approach, working with an external partner is a likely solution. Ensure your approach is compliant with local regulations, though. California, in particular, permits only state-licensed attorneys and private investigators.
Step 3: Collect and Document Evidence
A common phrase governs every HR activity: Document, document, document.
In regard to workplace disputes, thorough documentation can determine an investigation’s outcome. Without concrete evidence, creating a timeline of events, identifying behavioral patterns among parties and backing up your final decision is difficult.
I recommend documenting everything—yes, everything—you learn in an investigation.
In particular, though, you will want to pay close attention to the following items.
Internal records. Depending on the situation at hand, the records could include employee timesheets, door access control logs, policy samples and previous personnel documents. Maintaining all written notes is crucial.
Photos. If photos are available, they might include pictures of a specific event. In the case of a physical alteration, the pictures might document the event’s aftermath. Photos might contain text-message screenshots or social media comments. These messages might help contextualize interactions between the disputing parties. For every photo, clearly identify who took it, when it was taken and whether the picture has been altered.
Video and audio recordings. With a smartphone in nearly everyone’s pocket, firsthand recordings are more common than ever. If none of the parties involved has supporting video or audio evidence, immediately save your security footage for review. If the disputed situation happened somewhere semi-public (such as an office hallway or the sales floor), you likely have the event on tape. Before you rely on the recordings, verify whether video and audio recordings are legal to use. Specific state statutes may vary on which recordings are permitted in a workplace dispute.
Interviews. No matter who you are interviewing, ensure you take verbatim notes (or use transcription software if necessary). Throughout, do not omit or smooth over details. For instance, if a witness reports that they overheard the respondent swearing at the complainant, write down the exact language used. Another recommendation I would make is to request self-written statements from each witness. When decision time arrives, details such as these can help you gauge the severity and impact of a situation.
As you collect and document evidence, secure everything in the cloud to avoid losing files if a system failure deletes material at the dealership.
Step 4: Commit to (Reasonable) Confidentiality
Let’s be clear: Even with the best efforts, ensuring complete confidentiality throughout an investigation is impossible. A manager or dealership executive may need to know specific details as the dispute progresses.
Even so, the ability to maintain a reasonable degree of confidentiality can earn employees’ trust.
Here are a few best practices to help:
Keep all evidence under lock and key. Any digital evidence should be encrypted and stored in a password-protected folder, separate from any general human resources files.
Only share information on a need-to-know basis. For instance, you may need to inform an employee’s manager that their employees are involved in a dispute, particularly if the dispute is affecting their workplace performance. However, it likely is prudent to avoid sharing specific details about your investigation to protect all parties’ confidentiality.
Instruct all parties to avoid discussing cases unless necessary. This instruction generally means avoiding discussion outside of investigatory meetings, both inside and outside the workplace.
Even chatter around the dinner table can spread to other members of the community, eroding privacy for everyone involved.
In addition to these best practices, double-check state and federal regulations to ensure you always remain compliant.
Airtight Investigations Protect Employees, Dealership
When workplace disputes arise, the last thing employees want is a sham investigation and an unfair resolution. Dealerships want to avoid any procedural hiccups that could land them in legal trouble.
A robust investigatory framework solves those problems. With a responsible approach, you can provide workers the confidence that workplace disputes will be resolved fairly. The result is a win for employees and your dealership.
Rich VanTuinen is a human resources consultant at KPA. He has 30 years of experience in human resources management, 10 years of which is related to HR, safety, environmental and ISO QMS programs.
