About this Employee Handbook Policy
It is critical to inform your employees about your expectations regarding their cooperation with internal investigations. Such investigations can help an organization explore whether any laws, regulations, or policies have been violated. In some cases, employers are required by law to conduct an internal investigation. Allegations requiring a formal investigation may include such concerns as safety violations, as well as allegations of harassment, discrimination, or retaliation.
There are at least three ways that organizations often communicate their expectations regarding workplace investigations:
1. Create a policy. An organization can develop a policy regarding cooperation with investigations. (See sample below.)
2. Explain expectations. Employees can be informed about being required to cooperate with investigations through language added to individual Employee Handbook policies that reference investigations. Examples might include policies on harassment, equal employment opportunity, whistleblower laws, etc.
3. Do both. Finally, organizations might take a hybrid approach, combining the two options above. This approach offers two benefits. It makes the information easily accessible to employees. Plus, it allows a separate policy (like the sample below) to function as a “catchall” to ensure that employees are required to cooperate with investigations.
Ultimately, your organization will want to tailor its approach to meet its needs. Consult with a local attorney to ensure that your organization’s interests are protected, and your solution complies with applicable laws.