What do I do if there is no company policy related to the matter you are investigating during a workplace investigation?
Oct. 25, 2022
What do you do if there's no policy related to the issue that you're investigating? People get caught up in this and it doesn't really concern me one way or the other. If a client has hired me to investigate a thing, I'm going to go investigate that thing. Sometimes, particularly with smaller or newer or less sophisticated organizations, they won't have a policy about all the things that people can do. So if I'm investigating one of the biggies, harassment, discrimination, hostile work environment, things like that, I don't care that there's no policy because there are laws, but even beyond that, there are often best practices that the client can point to. I don't need to point to it because I'm trying to find out if something happened or didn't happen. I'm certainly not going to be referring to their policies if they don't have any.
At the end of the day, the client may say, "Well, we've never come up with a theft policy, but I think the best practice is that we don't let people steal from us. That should be our policy, even though we never had it before." As the investigator I am only just investigating the fact of whether or not somebody stole from you.