Sample HOW TO CONDUCT AN INVESTIGATION INTO WORKPLACE VIOLENCE

 
Thursday, November 20, 2008
 
This sample form is provided as a general guideline for your review only and with the understanding that neither the publisher nor the writers are providing legal advice or other professional service. The law changes regularly and varies from state to state, and you should not rely on or use this or any form without consultation with a competent attorney in your state.

HOW TO CONDUCT AN INVESTIGATION INTO WORKPLACE VIOLENCE

1. Take all threats of violence seriously.

2. Interview the reporting party and obtain information:
  1. Who made the threat
  2. Against whom was the threat made
  3. Specific language of the threat or specific threatening activity
  4. Names of witnesses
  5. Time and place
  6. Threats or violence by the perpetrator before this incident
  7. Any other relevant information

3. Interview all witnesses.

4. Interview the alleged perpetrator. It may be necessary to have appropriate security personnel present, depending on the circumstances. The intended victim should not be part of this interview.

5. Do not take on a confrontational tone with the alleged perpetrator. Instead, the interview should be used to gather all relevant information.

6. If corrective action is warranted, prompt remedial action should be taken. This may include counseling for the alleged perpetrator, discipline and/or discharge of the perpetrator, additional security measures, police involvement or other appropriate action under the circumstances.

7. Care should be taken to be consistent in enforcement of this policy.

8. Care should also be taken to carefully gather all facts supporting the allegation before making any allegations against the perpetrator. If the claim is not supportable, the alleged perpetrator may have potential defamation, wrongful discharge or invasion of privacy claims against the employer and its supervisors.
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