DOCUMENTING THE FINDINGS

Harassment is unique in that termination can result from such activity the first time it happens. Because notes are subject to the legal process of discovery, it is essential that the company details every step of the internal investigation. The company must be comfortable supporting a “no fault” finding or a finding of “guilty.” The discovery process requires you to answer the following questions:

1.   When did the company learn of the harassment?

2.   When did the company begin its investigation?

3.   Where did it happen?

4.   Who was interviewed?

5.   Why was he or she interviewed?

6.   Who did the interviewing?

7.   What was discovered?

8.   Were both the charging party and the alleged harasser interviewed?

Each of ...

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