It’s unlikely that you will find a smoking gun – that one piece of irrefutable evidence that leads to a single, undeniable conclusion – in all, or even most, of your internal investigations. But if you’re going to find one, it’s probably going to come from documentary or physical evidence, rather than witness interviews. For that reason, it’s a good idea to begin any investigation with a review of the following:
• Emails and text messages. This is my favorite place to find the good stuff. It never ceases to amaze me what employees will send over their companies’ electronic information systems. Just be careful that you don’t run afoul of privacy laws – your review should be limited to the systems your company owns, and employees should be given notice that they do not have an expectation of privacy when using these systems.
• Social media. My second favorite place to look. I’m convinced social media will be the downfall of society. In the meantime, though, it just may be the downfall of your respondent (or complainant). Again, be mindful of your employees’ privacy when it comes to non-public accounts. It’s illegal to hack into a private account or require an employee to provide a password as a condition of continued employment.
• Voicemail. No, you can’t eavesdrop on a live phone call without informing one or all of the parties to the conversation (depending on your state), but the same is not true for messages that have already been recorded on company systems.
• Computer log-in records and badge records. This is a great way to establish whether someone was in a particular location, at a particular time. If your witness claims he was working in his office, but he wasn’t logged into his computer and/or his badge records don’t show that he entered the building that day, you just may have a smoking gun.
• Security camera footage. This is the gold standard, assuming the camera was in the right position and the image isn’t too grainy. Bonus points if the camera recorded audio as well. Again, though, beware privacy laws – you should never put a camera in a place where an employee has an expectation of privacy, such as a bathroom.
• GPS. There’s nothing better than being able to track exactly where your employee has been for the last 24 hours (or 45 days). But, of course, you should limit your GPS tracking to company vehicles, and employees should be informed that those vehicles have GPS devices installed.
If you think you’ve found a smoking gun in one or more of these locations, it’s important to give both the complainant and the respondent an opportunity to explain. Not everything is necessarily as it seems. But even if your critical piece of evidence is not as irrefutable as you first believed, at least it will give you a good place to start, and it may still wind up being the key to your investigation.
Need help with an internal investigation? Drop me a note. I’d love to work with you!