Conducting a Workplace Violence Investigation

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Conducting a Workplace Violence Investigation

• April White
• Area Manager- Asset Protection
• 314-331-9801
• aw2473_at_att.com

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Our Goal Today

• To provide you with the basic investigative
  fundamentals to effectively conduct a Workplace
  Violence Investigation

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Statistics

• Thousands of employees are harassed, intimidated,
  threatened, and physically attacked in the
  workplace daily
• 16 million people are harassed annually
• WPV is the 3rd leading cause of fatal
  occupational injuries
• U.S. Department of Labor

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The Cost of Workplace Violence

• Failure to conduct a sufficient WPV investigation
  can lead to civil litigation
• Average settlement is over 500,000
• Average jury verdict 3 million
• Possible expenses for outside council
• Loss of productivity

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Example

• Smith v. National Railroad Passenger Corporation
  (Amtrak 1988) An employee shot and destroyed his
  supervisors kneecap after being reprimanded for
  eating his breakfast off company property when he
  was supposed to be at work. The supervisor sued
  Amtrak for failing to follow its own policy of
  progressive discipline. The employee who shot him
  had committed other acts which demonstrated a
  propensity towards violence, yet these prior
  acts were not recorded. A jury rendered a 3.5
  million verdict in favor of the supervisor which
  was upheld by the US Court of Appeals for the 2nd
  Circuit.

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Example

• Herrick v. Quality Inn Hotel, (California 1993)
  The hotel manager was aware the director of
  security was in violation of the companys weapon
  policy and that he had a criminal history. It
  was confirmed he had weapons in his hotel
  apartment and had been arrested for assaulting
  another employee. The hotel manager failed to
  document the incidents. The security director was
  given a promotion during the mentioned timeframe.
  When the director threatened to blow the head off
  of Herrick, a security guard, the Quality Inn was
  held liable for his actions. The court ruled that
  Quality Inn was aware of, and even ratified the
  security director's actions, as he was promoted.
  The jury awarded Herrick 115,200.

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Building Your Foundation

• Every good WPV foundation starts with a sound
  policy
• The best way to build on your foundation is by
  equipping yourself with the necessary tools and
  skills to conduct a quality WPV investigation
• Protect the workplace
• Enforce disciplinary action
• Support termination
• Defending yourself
• Unemployment Hearing
• Civil litigation

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Objective

• To Gather all of the information concerning the
  allegation and subsequently take the necessary
  action to safeguard the workplace
• Create a checklist
• Goal of the interviews
• Identify legal/ EEO issues
• Identify potential witnesses
• Identify timeframes and order for interviews
• Identify documents for review

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The Bomb

• I cant take it anymore, I dont know if I can
  continue to work here! I am afraid for my
  safety! Stephanie is constantly threatening me
  and I am afraid she is going to hurt me!

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Where do you go from here?
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Victim, Witness, and Subject

• You need to identify
• Who was involved
• What happened
• When it happened
• Where it happened
• Why it happened
• How it happened
• Note If imminent danger is present dial 911 and
  conduct an investigation once safety has been
  restored

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Your Demeanor

• Build rapport
• Be supportive
• Be non-judgmental/ unbiased
• Show sincere empathy
• Refer to the 10 tips for Crisis Prevention

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Interview Etiquette

• Preparation
• Develop your line of questioning in advance
• Be sure to get answers to all of your questions
• If possible have a witness
• Two heads are better than one
• A second note taker
• Obtain signed statements
• Include date and time
• Sign as a witness
• Document
• Date and start time of each interview
• Who was present
• Keep it confidential- Need to know Basis

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Interview Etiquette

• Disclose at the start of the interview the nature
  of the investigation
• Be appropriately honest about the general purpose
  of the interview and the role the individual
  plays
• I am investigating an allegation of harassment
  in the workplace and need to speak with you
  regarding your knowledge or involvement in the
  incident

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Victim Interview Questions (Open and Leading)

• What has happened to make you feel unsafe in the
  workplace?
• What has Stephanie done or said to threaten you?
• What was the exact verbiage used in the threat?
• When did this behavior start?
• Why do you feel you are being targeted?
• How many times has this happened?

• Do others feel the same way? If so, why?
• What has your response been when Stephanie does
  this?
• Were there witnesses to the incident? (who)
• Have any of your co-workers approached you
  regarding the matter?
• Where were you when the incident occurred?

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Questions

• What was the triggering event to cause this last
  incident?
• Are you aware of any weapons Stephanie may have?
• Are you aware of any problems Stephanie may be
  having outside of work?
• What do you think is needed to restore your
  feeling of safety in the workplace?

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Interview Techniques

• Show me how employee B touched or shoved you
• How close were you
• Did she hit you with her right or left hand
• How did she try to block you
• Use measuring scales to define the intensity
• Show me the way Stephanie looked at you

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Witness Interviews

• Keep in mind that if your witness saw the
  incident and it involved physical violence they
  may be fearful and hesitant to speak with you
• Reassure them
• Goal is to restore peace and safety in the
  workplace
• Dont promise something you cant deliver
• Anonymity

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Witness InterviewsGeneral Questions

• What is your general perception on the safety of
  your work environment?
• Are you aware of any problems or conflict within
  your group?
• Have you seen any inappropriate or offensive
  behavior in the workplace?
• Have you heard any rumors that are cause for
  concern?

• Remember to tread lightly, the individual may
  have no direct knowledge of the alleged incident
• If the witness saw the incident- refer to
  interview techniques
• Show me how it was done
• With what intensity
• Use measuring scales

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Witness Interview Direct Questions

• We were advised that you were a potential witness
  to an incident that occurred on 4/12/06 at 200
  p.m. between employee A B. Did you see an
  disturbing interaction between these two
  employees?
• Did you see them talking at all during this time?

• What has been your perception of the interaction
  between the two employees?
• Have you heard any buzz around the department
  regarding either employee.
• Note Always document the date and approximate
  time of any incident witnessed

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Subject InterviewConsiderations

• Remember
• They will guarded and may not cooperate
• Dont disclose too much to soon
• Consider Weingarten if you have union employees

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Subject Interview

• What is your personal perception of the work
  environment?
• How do you feel about employee A?
• Has he or she ever done anything to offend you?
  How did that make you feel?
• Do you feel the workplace is safe?

• What was the last interaction you had with the
  person?
• An allegation has been made against you involving
  employee A and I need you to help me
  understand what happened?
• Remember
• To utilize Interview Techniques
• To document the date and time of any reported
  incidents

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Subject Interview

• They dont always cooperate
• Help me to understand why there are several
  witness that have confirmed your involvement, yet
  you say this never happened?
• If you didnt do this, what motive would someone
  have to file a false report against you?

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Results of the Investigation

• Allegation
• Substantiated
• Cleared
• Inconclusive

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What do I do if the Results were Inconclusive?

• Word against Word
• No witnesses
• Harassment or Bullying Behavior
• No apparent tangible evidence
• Evaluate
• Compare statements
• Look for discrepancies consistencies
• Dont dismiss rumors
• Demeanor
• Witness bias or lack of bias

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Consider other options

• Employee records
• Employee email and instant messages
• Internet usage
• Documents on hard drive
• Office phone/cellular records
• Analyze date and time on computer systems
• Swipe card access
• Public Records (Circuit Clerk)

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Conclusion

• Your goal is to find out what happened and how it
  happened so you can prevent it from happening
  again.
• The Investigative Process is the best tool for
  gaining insight into an allegation of WPV.