Answer – April 24, 2012

Q: What should I do with the results of a workplace investigation?


A. Typically, the results of the investigation are reflected as findings in an investigation report that contains any documentation of witness interviews or related evidence. This should be treated as a confidential file, not held in any particular party’s personnel file where related individual disciplinary documentation would be kept. In order to uphold employer expectations regarding confidentiality and retaliation, and preserve the employer’s ability to conduct effective investigations in the future, MSEC advises employers not to share the investigation report or related documentation with anyone outside a legitimate “need-to-know,” which is usually limited to decision makers. Notably, decisions makers do not include either complainant or accused as a matter of form.

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