Estimated reading time: 8 minutes
We’ve been talking lots recently about coping with workplace conflict. I assumed it was very interesting the variety of pre-emptive comments I saw about the potential for worker conflicts before the U.S. presidential debates. It jogged my memory of my recent conversation with Alexander Alonso, PhD, chief knowledge officer on the Society for Human Resource Management (SHRM). He mentioned research indicating a big increase within the acts of uncivil behavior at work.
Worker conflicts, even when the organization knows they may occur, still have to be investigated. We are able to’t simply say, “Oh, you understand, this can all blow over in just a few days.” Since it won’t. It’s possible the conflict or misunderstanding might escalate into something greater.
Certainly one of the challenges with this kind of investigation is that the conflict is normally between two employees. They each have their very own version of what happened. Often there are not any witnesses. It’s sometimes called a “he said, she said” situation, whatever the genders involved. The query becomes, what can human resources do?
To supply some insights, I reached out to my friend Jakub Ficner, director of partnerships at Case IQ. You may keep in mind that Jakub and I chatted on The HR Bartender Show concerning the role of technology in workplace investigations. Should you haven’t listened to the episode, I hope you’ll test it out while you get a probability.
Please keep in mind that Jakub and I will not be lawyers and today’s article shouldn’t be construed as legal advice. If you’ve detailed questions, they ought to be addressed directly together with your friendly neighborhood labor and employment attorney.
Jakub, thanks a lot for being here. Before we speak about investigations, let’s speak about expectations. In my experience, lots of these form of “he said, she said” situations involve inappropriate language, comments, and/or hearsay. It could possibly be swearing or passive/aggressive comments, trash talking, etc. How can organizations set expectations with employees regarding inappropriate language and behaviors?
[Ficner] Stopping misconduct begins with having well-defined and enforceable internal policies. In the worker handbook, be specific concerning the forms of behaviors which are unacceptable, equivalent to inappropriate language, derogatory comments, or passive-aggressive communication. Clarity is vital – leaving no room for ambiguity ensures that employees fully understand what’s off-limits.
To bolster these standards, think about using real-life scenarios during harassment training to make expectations tangible. For instance, role-play situations where tensions could arise, equivalent to:
- A coworker being promoted over another person,
- A colleague taking credit for one more’s work, and even,
- A competitive sports match outside of labor.
By walking through these scenarios, employees can see how they may react emotionally and why it’s critical to keep up professionalism, even under stress. This approach not only outlines what language and behavior are inappropriate but in addition highlights when people may be most vulnerable to creating those mistakes, offering guidance on easy methods to navigate those moments constructively.
When organizations first hear about an incident between employees, why is it essential to analyze (versus dismissing it as a straightforward misunderstanding)?
[Ficner] Dismissing worker concerns with no proper investigation can significantly erode trust throughout the organization. When employees feel their issues are brushed off as misunderstandings, they could lose confidence of their employer’s commitment to making a protected and respectful work environment. This sense of being unheard can result in disengagement and a perception that their voices don’t matter.
Even when the incident doesn’t appear severe at first glance, it’s crucial to analyze any situation where an worker feels harassed or believes an organization policy has been violated. By taking these concerns seriously, organizations show that they’re committed to upholding their policies and ensuring fairness. Importantly, an investigation doesn’t all the time lead to disciplinary motion, nevertheless it serves as a chance to collect facts, assess the situation, and address any underlying issues before they escalate.
I totally agree together with your comment about investigations not all the time leading to disciplinary motion. Obviously, after we start an investigation, we don’t know that the end result can be that one person says one thing and the opposite person says something different. At the purpose the organization realizes there is no such thing as a strategy to substantiate the comments, why is it essential to complete the investigation?
[Ficner] Once an investigation has began, it’s essential to see it through to completion, even when the facts are unclear or it turns right into a ‘he said, she said’ situation. Abandoning an investigation prematurely risks unfair outcomes. For instance, for those who dismiss the case without resolution, and the incident did occur, the reporting worker could proceed to face harassment and even be retaliated against for speaking up. This may end up in a more toxic workplace and expose the corporate to further liability.
Then again, if the accused person is unjustly found guilty of a policy violation without sufficient evidence, they might face unwarranted disciplinary motion, which could damage their profession and status. Moreover, this could lead on to wrongful termination lawsuits or other legal actions against the corporate. Due to this fact, completing the investigation ensures that the method is thorough, fair, and balanced, helping protect each the person employees and the organization from future harm.
We’ve talked before concerning the importance of properly closing the investigation. Are you able to share 2-3 things that the organization should consider when wrapping up an investigation where the concerns weren’t substantiated?
[Ficner] When closing an investigation where the concerns weren’t substantiated, there are just a few critical steps that organizations should take to make sure fairness and maintain trust:
Ensure Psychological Safety and Prevent Retaliation: The first concern ought to be to reassure all involved parties that they’re shielded from any type of retaliation. Whether it’s the reporter who brought up the priority or the person who was accused, make it clear that any retaliatory actions is not going to be tolerated. This helps maintain a way of safety and fairness within the workplace, showing that the organization values transparency and integrity in its processes.
Express Gratitude for Cooperation: It’s essential to thank each parties for his or her participation throughout the investigation, whatever the end result. This reinforces the concept that bringing forward concerns or cooperating in an investigation is all the time the suitable thing to do. By showing appreciation, you help construct a culture of openness and encourage future reporting or cooperation, which is important for fostering a transparent workplace environment.
Offer Closure and Clarity: While the concerns may not have been substantiated, providing clear communication concerning the end result is critical. Explain the steps taken throughout the investigation, the findings, and why the conclusion was reached. This not only gives closure but in addition demonstrates that the investigation was thorough and fair, reducing any lingering doubts or frustrations from the parties involved.
Last query. Even when an incident isn’t substantiated, it may possibly potentially have an effect on culture. How can organizations keep track of those incidents to make sure they will not be the beginnings to a toxic work environment?
[Ficner] Even when incidents aren’t substantiated, they will still signal underlying issues that will affect workplace culture. Here’s how organizations can keep track of those incidents to stop the onset of a toxic environment:
Implement a Case Management Platform with Data Analytics: Utilizing a comprehensive case management system like Case IQ allows organizations to record all reported incidents, whatever the end result. The built-in data analytics may also help discover troubling patterns in complaints, equivalent to recurring forms of issues, often involved individuals, or high-risk locations throughout the organization.
Discover and Analyze Trends: By systematically collecting data on all incidents, you possibly can detect trends that may not be apparent from isolated cases. For instance, a rise in reports related to a selected department or form of behavior could indicate a systemic problem that needs addressing.
Inform Policy Updates and Training: The insights gained from analyzing these trends can guide you in updating company policies and tailoring worker training programs. This proactive approach ensures that you just address potential issues before they escalate, effectively reducing the likelihood of future ‘he said, she said’ situations.
By keeping a detailed eye on all reported incidents and acting on the information, organizations can proactively strengthen their workplace culture and stop minor issues from developing into more significant problems.
I would like to thank Jakub for taking the time to share his experience with us. Should you’re in search of some resources on conducting investigations, visit the Case IQ Resources page. It includes templates, ebooks, articles, and webinars.
I’ve said it before and I’ll say it again – in today’s work environments, we is not going to be friends with everyone. But that doesn’t mean that employees should treat one another with disrespectful or harassing language. When incidents occur, organizations can’t dismiss them. They all the time have to be investigated fully.
Image captured by Sharlyn Lauby after speaking on the Flora Icelandic HR Management Conference in Reykjavik, Iceland
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