Internal Investigations: Collecting Workplace Evidence
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Until now this course has dealt with requests that come from outside. This unit turns inward. A complaint of fraud, harassment, a leak or a breach of the rules lands on your desk, and the evidence is in your own systems: mail, chat, laptops and phones.
You own the systems. You do not own your employees' private lives. An investigation that ignores this can fail twice: the evidence is thrown out, and the company is the one found to have broken the law.
Focus: a written mandate, the least intrusive method, a sound copy, and a fair hearing.
Learning objectives
- Say who may open an internal investigation, and what the mandate must contain.
- Explain why a clear policy, known in advance, is the base of any access to staff data.
- Apply six proportionality questions before you read an employee's communications.
- Collect from mailboxes, chat tools, laptops and phones without damaging the evidence.
- Treat personal devices and personal accounts differently from company ones.
- Use an outside forensic firm, and explain why privilege cannot be assumed.
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