AN EMPLOYEE ALLEGES ILLEGAL BEHAVIOR -- NOW WHAT...

Updated: January 01, 2012

You have your BOLI complaint in hand, and here we go:

1. Read the complaint very carefully. Typically, the first page will tell you who has filed the complaint, and how to respond. It will also tell you when your response is due (typically in 14 days from the date of their lette)r. The second page will give you the actual allegations, "Unlawful employment discrimination..." It is urgent that you read and commit to memory the basics of what the employee/ex-employee said. This will be helpful as you begin your interviews.

2, Determine where you will find answers.

  • The Employee's File
  • The Employee Handbook
  • The Employee's Manager
  • Co-workers/Witnesses
  • Email
  • Voice Mail

2. Start a list of questions you want to ask relative to the written allegation(s). Make them open-ended, don't lock yourself into "yes" or "no" answers unless it's necessary. Review your questions to be sure they are not leading and that they will give you what you need.

3. Start with the Complainant. Meet in as comfortable and quiet an environment as possible. Before meeting, clear your mind of other things. Slough off any assumptions. Walk in with only one goal in mind: understanding what the complainant's view is. Drill (gently) with clarifying questions until you are convinced you know all there is to know from his/her perspective.

  • What do you mean by "spoke with disrespect:?
  • Who overheard that conversation?
  • When you say he was "in your face" for a long time, how long and how close to you was he?
  • You said he had a gun, did you see it? What did it look like?
  • You say you left a message for your manager telling him you would be late. Was anyone in the room with you when you made the call and left the message who would have heard your end of the call?

You get the idea. Just don't let statements drop without follow-up questions.

Let the Complainant know what you plan to do, what your role in all this is.

Featured Research
  • Are You Using These 8 CRM Features?

    One of the biggest mistakes that businesses make when it comes to their CRM software is the features they don’t use. This happens because they invest in CRM with a handful of problems in mind, so they’re content as long as it solves them. But if you want to maximize your ROI, you should be utilizing every feature available to you. more

  • Unnecessary VoIP Features that Drive up Costs

    These days, few communication tools rival VoIP systems in the ways of workplace efficiency. From improved voicemail to email integration, VoIP products make businesses run smoothly. more

  • Why Your Educational Institution Needs to Implement VoIP

    VoIP makes a lot of sense for educational institutions—and it’s not just because of the substantial cost savings. Other benefits include increased efficiency and integration options. Emergency responsiveness can even be improved. more

  • Is Your ERP Solution Out of Date?

    Enterprise Resource Planning (ERP) is a modern, large-scale software program designed to help businesses improve the internal flow of important corporate processes and communication. more

  • How Video Conferencing is Transforming Healthcare

    The telemedicine revolution is finally happening. Experts have been discussing the potential for patients and healthcare providers to connect remotely for years, but the market is just now moving to adopt it—in a big way. Data suggests this market will grow over 14% annually through 2020! more