What’s our process for investigating a claim?

Step 1: Case Submission

• Client

  • Initiate a claim online

    • Fill out the form to the best of your ability.

    • Attach a copy of your handbook or forward it to: kira.davidson@erbusinessmedic.com

Step 2: Investigation

• Business Medic

  • Identify what’s being investigated.

  • Identify criteria which will be used to determine wrongdoing.

  • Gather statements (simultaneously with evidence)

    • Reporting party(ies)

    • Witness(es)

    • Defendant(s)

  • Gather contact information for identified parties (simultaneously with statements)

  • Gather evidence (simultaneously with statements)

• Client

  • Provide demographic and contact information as it is identified.

  • Provide the Investigator access to any available material evidence..

Step 3: Building the Case Report

• Business Medic

  • Log statements and evidence

  • Review and log policy(ies) and/or law(s) pertaining to the case.

  • Write the Executive Case Summary

  • Submit documentation to the client

    • Executive Case Summary

    • Evidence

    • Case notes

Step 4: Review

• Client & Business Medic

  • Business Medic to review case finding and answer questions.

 

Do you make recommendations based on your findings?

Yes and no. Our recommendations are generalized and not specific to the people involved in the investigation. General guidance can take the form of formal action, policy updates, training, or no further action.

 

If formal action is suggested, you, as the employer, may want to consider any number of paths. Typical paths could be documented coaching, a write-up or progressive write-up, suspension, demotion, and possibly even termination. Determining the right level of action is best left to internal decision makers so we refrain from making any further suggestions in this area.

 

When should we get an Attorney involved?

At any point before, during, or after the investigation, this is and will always be a judgment call, and you may choose not to call an Attorney at all.

 

When clients become embroiled in more sensitive or complicated cases, if you have not already done so, your Consultant may further suggest that you circle in your legal counsel. Typically, we will further suggest this when we know or perceive that litigation is impending or we have enough information to reasonably believe that a state or federal law violation has occurred. We may be impartial interviewers and advisors and stake our ground on compliance, but we want you to be informed and satisfied with the quality and integrity of our work.

 

Having been practitioners ourselves, we know it’s always better safe than sorry.

In cases where a policy may need updating, replacement, or removal, double-check with your attorney on what that verbiage should look like. Our legal landscape on both a Federal and State level changes often, and you may inadvertently place yourself in a whole new situation. As much as we love having your business, we know that the happiest clients are those who don’t have repeat reasons to call us.

 

When should we request an investigation?

• Employee misconduct

• Harassment and discrimination

• Bullying

• Safety concerns

• Whistleblower reports

• Misuse of company resources

• Lateness

• Absenteeism

• Compliance violations

• Employee Conflicts

 

Can an employee resign while under investigation?

Yes. At-will employees can resign for any reason, at any time, or for no reason at all. In cases where there is an employment contract, both parties will be required to fulfill their obligations in the contract. We suggest you consult your organization’s attorney in such cases.

 

If an employee quits, can I end the investigation?

As the employer, you are still legally responsible for fulfilling a full investigation to the best of your ability. After the investigation, a determination will need to be made. Action(s) could include changing or updating policy, additional training, or no further action is necessary. If an employee’s actions were unlawful, it may be necessary to pursue legal action. The facts and your attorney will be your guide.

 

After an investigation, what do I owe the reporting employee?

You should formally conclude the case by following up with the reporting individual. You may or may not choose to give them a copy of the report or redacted report. Seek legal counsel before doing so.

We suggest keeping the details short and generalized when following up with the employee.

 

Ex.

1. Joe, I wanted to let you know that we have finalized our investigation. It has been determined that parting ways with Mindy is in the organization's best interest. We thank you for your assistance in bringing this matter to our attention.

2. Joe, I want to thank you again for sharing your experience with us. We have spoken with all identified parties and have taken the necessary corrective action.

3. Joe, I’ve brought you in to discuss the outcome of our investigation. Through this process, we were able to identify those we believe have firsthand experience with __(person/place/thing/action/etc.)__. We were able to conclude __(Explain in generalities the findings)__. This doesn’t mean your feelings/experience on this matter are invalid, but we do need to discuss the path forward.

 

Option 3 is your coachable moment answer to your findings. Sometimes the reporting individual doesn’t have a case, and they have either created their own problem or there’s a misunderstanding that needs to be cleared up. This is the perfect time to coach the person up.

 

What can I expect after the investigation has concluded?

Once the investigation is complete, your Consultant will compile an executive report. This report will contain the names, demographics, dates and places of incident(s), copy of the law(s) or handbook violation(s) being considered, an overview of connections and disconnections within the stories, and the suggested recommendation (if any). Attached but separate from the report will be copies of any notes, observations, reports, participant declarations, and evidence made available throughout the investigation.

 

In most cases, once you’ve concluded the investigation, finalized the decisions, and made the necessary changes, things are smooth sailing, but not always. Retaliation for participating in an investigation or the reporting of a violation is a real thing. If a court finds the company to be guilty of retaliation, you can expect it to be even more costly than the actual or suggested bad deed. Ensure from the beginning that all participating parties understand their right to be free from retaliation. Double check that each person knows how to report suspected retaliation.

 

What should I do if someone claims retaliation?

Claims of retaliation are serious and need to be investigated with the same level of care and attention given to the initial claim. Do not dismiss a claim of retaliation, even if it seems like an abuse of rights.

 

The most common root of retaliation stems from someone in a position of power. Possible, but rare, is the claimant retaliating or being accused of retaliating against those who participated in the investigation. This could be against the initially accused, those who testified, and even HR or other members of leadership who were in dissension with the claimant. In cases of claimant retaliation, we suggest investigating for consistency and legal purposes, but we also suggest contacting your attorney early on.

 

What does retaliation look like?

Retaliation can take many forms, some common forms that may be used against the reporting person(s) or other members of the investigative process are:

• Assigning shifts, job duties, or locations that negatively impact a member of the investigation, not found to have been guilty or negatively a party to the reason for an investigation

• Excessive micromanaging

• Withholding information that is necessary to perform their job or grow and be successful at work

• Spreading rumors

• Poor performance reviews

• Discipline, demotion, salary reduction, reassignment, or firing of anyone not found to have been guilty or negatively a party to the reason for an investigation

• Passing over for a promotion or a raise

• Shunning or lack of invitation when previously this wasn’t the case

• Acts of sabotage

• Unfounded claims

 

Similarly, the claimant can retaliate by:

• Withholding information from others that is necessary to perform the job, or grow and be successful at work

• Spreading rumors

• Shunning or lack of invitation when previously this wasn’t the case

• Acts of sabotage

• Additional unfounded claims

 

How much can I expect to spend when using Business Medic to investigate on our behalf?

Case complexity is a big factor in cost. A simple, willing two-party investigation, with contact information readily available, containing a lack of reviewable evidence or case history, can easily be completed in two hours or less. Our initial case fee is $180 and includes up to two hours of investigation and executive summary time. All cases come with a free 30-minute recap and Q&A session to be held with members of your choosing at a mutually convenient time.

 

Additional investigative and case documentation time is assessed at $75 an hour and is billable in quarter hour increments.

 

What makes a case “complex?”

• Number of witnesses, claimants, or defendants

• Are all parties internal to the organization or are there external parties to the claim?

• The evidence gathering process or the amount of evidence gathered

• Is the event situational or systemic?

• Does the case involve members of the executive team or Human Resources?

 

Are there ways to make using Business Medic more cost effective?

Absolutely! We offer several options that will not only keep your costs lower but also enhance your employee engagement program, allow you to claw back valuable time, and increase your satisfaction with Business Medic. Clients who contract with us through a retainer plan, use our ethics hotline, or perform specialized projects are eligible for discounts on both their initial case fee and their hourly rate.

 

What additional plans do you offer?

1. Investigative Retainer: A contracted number of investigative cases and hours dedicated to each case. Retainer plans are good for 12 months and begin once you initiate your first claim. Retainer plans are customizable based upon the size of your organization.

2. Ethics Hotline: Designed to be a proactive tactic to identify potential concerns within your organization. Once enrolled in the program, clients receive branded media files which they can place within their establishment, use in presentations, scrolling announcements, or forward to their employees for easy access. Employees can choose to leave their name or be anonymous. We retain a detailed call log and start the initial case file, which in turn is forwarded to the client post haste. You can choose to have the case formally investigated by Business Medic at a reduced fee or manage it in-house.

3. Project Consulting: Highly tailored approach to building better communication and engagement between the company and its employees. Projects typically consist of identifying (an) area(s) needing further support systems, an outline of possible recourse options, and selecting a course of action. Because each engagement is different, our next action step will vary, possible outcomes are:

• New/Updated training(s) or training plan(s)

• Updated KPI/Metrics Board

• Outsourced Stay and/or Exit Interviewing

• Union Abatement Tactics

• Handbook Rebranding

• Assisting in the Implementation of (a) Committee(s) - Safety, Activity, Culture, Advisory, etc.

• Onboarding Program

• Communications Plan

• New/Updated Performance Management Plans