Essential Guide To Workplace Investigations, The: How To Handle Employee Complaints & Problems (Essential Guide To Workplace Investigations: How To Handle) By Lisa Guerin J.D.
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(23 customer reviews)
- Amazon Sales Rank: #190478 in Books
- Published on: 2010-07-12
- Original language: English
- Number of items: 2
- Dimensions: 1.16" h x 7.02" w x 8.96" l, 1.87 pounds
- Binding: Paperback
- 520 pages
Packed with tips and strategies that will help sort out workplace problems quickly and legally. (HR Magazine )
Clear, no-nonsense writing style that breaks investigative steps down clearly. (Jathan Janove )
About the Author
Guerin, an editor/author specializing in employment law, is author or co-author of several Nolo books, including The Manager's Legal Handbook, Dealing with Problem Employees, Nolo's Essential Guide to Federal Employment Laws, Workplace Investigations, Create Your Own Employee Handbook, and Nolo's Guide to California Law. Guerin has practiced employment law in government, public interest, and private practice where she represented clients at all levels of state and federal courts and in agency proceedings. She is a graduate of Boalt Hall School of Law at the University of California at Berkeley.
Excerpt. © Reprinted by permission. All rights reserved.
Chances are good that you picked up this book because you've become aware of a potentially serious problem at your company and you're not quite sure how to handle it. Maybe you've heard a complaint or report of misconduct that sounds something like this:
"Every time I go into John's office, he's looking at porn on the Internet -- it's really starting to offend me and some of the other women in the office."
"We've finished our internal audit, and the numbers just don't add up. I think we may have a thief on our payroll."
"I've been passed over for promotion three times, and each time the job has gone to a younger person who doesn't have my experience or training. I feel like I'm being discriminated against."
"Mark has been really angry lately -- he keeps talking about his gun collection, and yesterday he told me that 'management is about to get what's coming to them.' I'm afraid of what he might do."
Now you're facing some tough decisions: Whom should you believe? What really happened and why? How serious is this problem? What should you do about it? And, can you handle this without creating legal problems for the company?
A complete, impartial, and timely investigation will help you answer these questions and figure out what to do. In fact, a proper investigation is one of the most important tools for maintaining a safe and productive workplace -- and keeping your company out of legal trouble.
This book gives you the tools and information you need to conduct a successful investigation. Part I (Chapters 1 through 4) describes in detail the ten steps to a successful investigation of any kind of workplace problem. Part II (Chapters 5 through 8) takes a closer look at four common workplace problems -- discrimination, harassment, theft, and violence -- and explains how to handle the special investigation challenges posed by each.
This chapter will help you get started. It introduces the benefits and basic components of a proper workplace investigation, including the actions you will have to take -- and decisions you will have to make -- along the way. (Each of these steps is covered in detail in Chapters 2 through 4.) It also covers some common investigation mistakes that can lead to legal trouble -- and tips that will help you avoid them.
Investigations Require Judgment Calls
Although most investigations will require you to at least consider each of these ten steps, every situation is a little bit different. Workplace problems rarely land on your desk in a tidy package with an obvious solution. Instead, you'll often be faced with conflicting stories, documents that are open to different interpretations, and no clear answers about what happened and what you should do about it. You'll have to decide which problems merit a closer look, whom to interview, and what documents to review -- and when your investigation is complete, you'll have to decide what you think really happened.
All of these decisions are judgment calls, and no book can tell you how to handle every possible scenario you might face. However, if you follow the guidelines in the chapters that follow, keep an open mind, and use your best judgment, you should be able to handle most of the issues that come up.
Most helpful customer reviews
9 of 10 people found the following review helpful.
An essential and basic reference
By Midwest Book Review
One of the responsibilities of employers is to insure a safe and secure workplace. This necessitates dealing with employee accusations of harassment, discrimination, workplace violence, employee theft, and other challenges to the workplace security of employees -- whether the problem is perceived from emanating from management or other employees. Lisa Guerin, an attorney specializing is resolving workplace issues, has written "The Essential Guide To Workplace Investigations: How To Handle Employee Complains & Problems", a 350-page, 'user friendly' instruction manual for managers, human resources professionals, and business owners, on investigating and resolving common workplace issues in a manner that is fair, effective, and in adherence to federal laws and state regulations. Enhanced with an accompanying CD-ROM with forms, sample polices, checklists, and other resources, "The Essential Guide To Workplace Investigations" is an informed and informative, offering step-by-step instructions on deciding whether or not to investigate a complain; taking immediate action if deemed necessary; selecting an investigator; planning the investigation; interviewing; gathering evidence; evaluating the evidence; taking appropriate action; documenting the investigation; and doing follow-up to insure future compliance. Simply stated, "The Essential Guide To Workplace Investigations" is an essential and basic reference for anyone charged with the responsibility of providing employees with a conflict-free work environment.
3 of 3 people found the following review helpful.
PROFESSIONAL COMPREHENSIVE RESOURCE FROM NOLO LAW SERVICES AND THE INTERNATIONAL SOCIETY FOR HUMAN RESOURCE MANAGEMENT
By C. Scanlon
Even includes all forms, sample policies and documentation, checklists and other resources on a cd for editing and print out, plus audio scenarios and interviews.
Employee complaints and reports of harassment, discrimination, workplace violence, drug and alcohol abuse and employee theft are of grave concern to human resource managers and the liability of corporations. This field has evolved greatly since the 70's in every way, including legislation. This book gives the latest state of the field, with resources needed to address the issues which arise.
Nolo is an excellent service for getting the law into the reach of the nonlawyer. This book is compiled by a Doctor of Law, Lisa Guerin, JD, who is an expert in employment law and serves at Nolo as legal editor. She has also co-written such books as Dealing With Problem Employees: A Legal Guide and Create Your Own Employee Handbook: A Legal and Practical Guide, as well as writing Smart Policies for Workplace Technology: Email, Blogs, Cell Phones & More, and Everyday Employment Law: The Basics, along with several other texts in this field.
This book guides the Human Resource manager through ten steps for running an effective employee complaint investigation. In the first place, to establish the necessity for investigating, and then the need for immediate action. HR must then choose an investigator, and plan the investigation. Interviews are then conducted to determine the facts in the case. Evidence is gathered and evaluated. Action is taken. The investigation is fully documented, with follow-up.
This book guides HR through each of these ten stages, and provides generic forms needed at each stage on the cd which can easily be adapted to the particular situation. The audio samples on the cd also model investigation techniques.
Newsweek says that 'Nolo is always there in a jam as the nation's premiere publisher of do-it-yourself legal books' and this book continues that fine tradition of practical service. It just about serves as a corporation's legal department. This book can also serve to assist the legal professional in these situations, and could well be found on many a workplace lawyer's bookshelf, or, more likely, work desk.
The Society for Human Resource Management is an international professional association which provides current and comprehensive resources promoting HR's strategic role, and approves this book among its resources, which serves the corporation as well as the victim of discrimination and harassment.
4 of 5 people found the following review helpful.
Essential to your HR library
By LaSaundra Matlock
"The Essential Guide to Worplace Investigations: How to Handle Employee Complaints and Problems" should have a place in your HR library. The book is easy to read and offers common sense approaches to tackling most employee issues. It would benefit novice HR persons, as well as operational managers. Overall, a great guide to handling tough issues.
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