Workplace investigations are a necessary part of managing risk and fostering a respectful, law-abiding culture. While harassment and discrimination are commonly recognized as issues requiring formal investigation, other forms of misconduct—like fraud, time theft, or breaches of confidentiality—deserve equal attention.
Each type of misconduct brings its own set of complexities. And just as importantly, how an investigation is carried out often depends on whether the issue falls under the umbrella of human rights or not. In this article, we’ll look at the key distinctions between investigations related to human rights and those involving other kinds of workplace misconduct.
The Common Ground: Fairness and Fact-Finding
At their core, all workplace investigations aim to uncover what happened. Regardless of the nature of the complaint, the process relies on collecting facts, reviewing evidence, and arriving at a conclusion based on what’s most likely.
Fairness underpins the entire process. Investigators must remain neutral, keep the matter confidential, and work within a reasonable timeline. These basic principles apply whether you’re investigating harassment or financial wrongdoing. But while the framework stays consistent, the way an investigation unfolds can look quite different depending on the circumstances.
Human Rights Complaints: Structured and Complaint-Driven
Investigations into harassment, discrimination, or other human rights concerns typically start with a formal complaint. These are often detailed, outlining what happened, when and where it occurred, who was involved, and any supporting documents or messages.
Because the person raising the issue is directly affected, they’re usually prepared to provide helpful context right from the start. That clarity helps shape the direction and focus of the investigation early on.
In these cases, the process tends to follow a familiar rhythm: the complainant is interviewed, the respondent is informed and given a chance to respond, and the investigator follows up with other witnesses and evidence as needed.
Investigating Misconduct Without a Clear Complaint
Things are less straightforward when there’s no formal complaint—just a suspicion or tip. Misconduct like fraud, conflicts of interest, or misuse of company resources often comes to light through whistleblower reports or anonymous tips.
These alerts can be vague and lack the detail needed to launch a full investigation right away. According to the Association of Certified Fraud Examiners, nearly half of all fraud cases are uncovered through whistleblowing. But not every tip includes enough information to justify taking immediate action.
This creates two practical challenges:
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Is there enough to go on?
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What’s the smartest way to proceed without jumping the gun?
In many cases, it makes sense to start with a low-key, preliminary review—examining documents, financial records, or internal communications—before launching into interviews or formal proceedings.
Different Paths, Same Destination
Investigations tied to human rights concerns often have a more linear flow. The complaint defines the scope, and the process moves through it step by step.
By contrast, when the issue is less defined—say, an allegation of insider dealing or conflict of interest—the starting point may be murkier. Investigators might begin by reviewing data, contracts, or emails before deciding whether interviews are even necessary.
Sometimes, it may make sense to speak to the person suspected of wrongdoing early in the process, especially if the goal is to clarify unclear details or assess whether the concern has merit.
Timing the Notification
In cases involving harassment or discrimination, it’s standard practice to notify the respondent early in the process. It’s a matter of transparency and fairness.
But when dealing with fraud or other misconduct, early notification can backfire. If the tip turns out to be unsubstantiated, prematurely alerting the individual can unfairly damage their reputation.
In these situations, a measured approach works better. Doing some behind-the-scenes fact-finding first ensures the investigation only proceeds when there’s a valid basis for it. This also shortens the time between notifying the respondent and actually speaking with them—something that’s often overlooked but makes a big difference in how the process feels to everyone involved.
This isn’t about secrecy—it’s about using discretion and acting responsibly.
The Right Investigator Makes the Difference
Because investigations vary so widely, selecting the right person to lead them is essential. It’s not enough for an investigator to be neutral—they need to understand the kind of issue at hand. A seasoned HR professional may handle a harassment complaint well, but a potential case of financial fraud might require someone with forensic or legal expertise.
Being able to adapt the approach to the situation is what separates a good investigation from a problematic one.
Final Thoughts
No two workplace investigations are alike. While fairness and thorough evidence gathering are the pillars of any investigation, the process itself must be flexible. Recognizing whether an issue is rooted in human rights law—or something else entirely—helps organizations respond effectively and respectfully.
By matching the process to the situation and appointing the right people to lead it, organizations can manage even the most difficult investigations with care and confidence.
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