Workplace Investigations in Hybrid Workplaces

The return to the office – post-pandemic – has not been a one-size-fits all scenario. Across the nation, organizations large and small are offering employees flex schedules and hybrid working models. When faced with an investigation in a hybrid workplace, logistical challenges are likely to arise. How do you ensure your workplace investigation is prompt, thorough, and impartial in the new hybrid world?
This blog identifies issues that may arise for external workplace investigators.
Understand the Company’s Hybrid Workplace Model
It is important to first assess the organization’s work model. The company may have written policies pertaining to a hybrid, flex, or remote work model. It is helpful to review these policies to get a sense of employee expectations and workplace culture. This is a good start to preparing your investigation plan and establishing next steps.
Determine the Appropriate Interview Format
Consult with the organization to determine the best format for the investigation. While it is generally recognized that in-person interviews are the optimal approach, many employers now prefer remote investigations. Remote investigations can serve as a practical option for an organization with a hybrid model. Remote investigations offer convenience and efficiency, allowing investigators to conduct prompt interviews of witnesses regardless of their location. At the same time, remote investigations can present privacy, confidentiality, and data security challenges. These concerns should be weighed against the practicality of the remote process.

Strategize With Purpose and Intent
Investigators must prepare a well-planned investigation strategy, particularly when witnesses work varying schedules and in different locations. For in-person interviews, consider any office reconfigurations or adjustments the organization made due to the pandemic that may impact privacy and confidentiality, such as Plexiglas dividers or the proximity of employees’ workspaces to one another. Also consider scheduling logistics and whether relevant employee witnesses will be in the office on particular days. Ask yourself: Is a critical witness only available in-person on Wednesdays and every other Friday? Are any relevant witnesses working remotely in a different time zone?
Be Mindful of Evidence Collection in Hybrid Workplaces
As workplace investigators, we know how important it is to collect relevant documentary and physical evidence. In addition to emails and text messages, hybrid workplaces often incorporate communication platforms such as Slack and Microsoft Teams. Ensure that you verify whether any potential evidence is memorialized in any of these additional messaging mediums.
Ensure Procedural Fairness
Regardless of the investigative medium or format, it is important to conduct an unbiased and impartial investigation using best practices. In order to maintain procedural fairness and integrity throughout the process, all parties must be treated fairly and provided an equal opportunity to disclose information to you. Additionally, it is important to document any methodology determinations, specifically the decision to conduct all or some interviews virtually and the reasons in support of the decision, in your ultimate report. This will memorialize the consideration given, confirm consistency of the format, or explain any discrepancies.
By moving through an investigation involving hybrid workers methodically and with intention, you will have the tools you need to act promptly and efficiently, gather the relevant facts, and make well-informed decisions.
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This article has been prepared for general informational purposes only and should not be construed as solicitation, advertising, or legal advice.
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