HR presence at investigative inerviews
WOT
10 Posts
As an H. R. Manager, I’ve dealt with each past EEOC or DOL incident/complaint on an individual basis when their investigator would not allow management to be present in the interview. Rather than risk the wrath of an investigator or particular agency representative after requesting to be present at the investigative interview with our employee, I have yielded to the agency investigator letting them know we are cooperating with their investigation. Our Risk Management Director, who has a department separate from H. R.. wants an internal policy that states where a statutory agency wishes to interview an employee of our company, that we would only allow the interview under the condition that a management representative would be present during the investigation interview. If an internal policy like this is implemented, I have some real concerns that we may be creating some “agency animosity” and giving ourselves even greater problem with potential subpoenas for records, appearances, and some unknown “headaches” when the EEOC, DOL, OSHA, or some other investigator come to the door, yet I can understand his concern that management would like to know what is being said in the interviews in order to "limit the damage".
Now for the question – has anyone ever had such an internal policy, if so, what are the positives and the pitfalls of such a “hard line” approach?
Now for the question – has anyone ever had such an internal policy, if so, what are the positives and the pitfalls of such a “hard line” approach?
Comments
In many cases (e.g., OSHA), federal regulations may trump your internal policy. Some agencies will assert their rights under the law to interview employees privately. If you do adopt such a policy, make sure you aren't running afoul of any laws by doing so.
From personal experience with the OFCCP some years ago, I can tell you that if you attempt to insert yourself into their processes when they don't want you there they can make the experience an absolute nightmare.
The issue is will an employee discuss things honestly with the employer present. No different that someone asking a son or daughter if they are doing drugs or having sex in front of the parents.........what do you think they are going to say. The reason interviews are conducted w/o a company rep present is so the person being interviewed can speak candidly, without the fear of retribution.
My $0.02 worth.
DJ The Balloonman
Risk Manager View - I want to know what the heck is going on that I can have a handle on potential liability.
Agency View - they are trying to intimidate the employee and the process. Something must be wrong.