Q & A – September 23, 2014

Team in PainQ. What should I do with a situation where it is one employee’s word against another?

A. Employers must make sometimes difficult credibility determinations in these cases. Employers should look for inconsistencies in each employee’s story and at the other available evidence to see if it casts doubt on one version of events or another. Fortunately, employers are not expected to be able to uncover the “truth” in their investigations and are not held to a “proof beyond a reasonable doubt” standard to act. Employers are, however, expected to conduct a prompt and thorough investigation and take action that is reasonably supported by its findings.