Adding Info to an Investigation file

birdgirl

I am curious to find out at what point it is too late to add something to an investigation file. The employee we suspended demanded copies of her evaluation file prior to her departure, but I had not yet been able to collect the witnesses written statements. I did give her a copy of my hand written notes of the interviews conducted. Can I now add these written statements to the file? SHould I offer her copies of this information? Will it look like I am doctoring the file? Help!

HRQ

I wouldn't have given her my notes from the investigation or written statements from others... It's the company's property, not hers. I do give the employee a copy of the disciplinary document if they request it.

To answer your questions:

I wouldn't give her copies of the statements. These employees will never be willing to put their statements in writing again, if they find out copies were given to the "accused".

You can add information to the file as it becomes available to you. I always note the date the information was received. It sounds like the statements only confirm what the witnesses told you in the first place anyway. Now if you were digging for more confirmation after the disciplinary decision was already made, anything gathered at that point won't hold up in, say, an unemployment hearing.

lnelson

I agree with HRQ - The accused ee is not entitle to the investigation documents. I would provide the disciplinary notice only.

And yes you can add to the file but as HRQ stated once you have disciplined the ee, it is just as back up for the action taken.

HRQ

I meant to say "information" not "confirmation" but my 30 minute editing window has passed... Whoops.

birdgirl

I actually understood that, although "confirmation" is an interesting twist. Thanks for your feedback, and I will be much more firm in not letting my initial notes out the door next time. There was nothing in them that will not be "confirmed" by witness statements, but it is good to know our rights as an organization.

Don D

I'm reading this to mean she was only suspended, not terminated. Correct? In that case I would not give her anything at all. None of this would relate to unemployment if she is simply suspended (HRQ?). And, by 'evaluation file' do you mean 'investigation file'? It's Monday.

DeidreFR5

When I give a copy of a file to an employee, I keep a duplicate copy with the notation that it was the file as of that date. Anything coming into a terminated employee file is filed in the front divider so we know it was filed after termination.