CPM Workplace Investigation & Documentation 3 — Questions and Answers
Question 1: During a workplace investigation interview, the investigator should:
- Share findings from other witness interviews to prompt responses
- Ask open-ended questions and avoid leading the witness (Correct answer)
- Allow the accused to be present during all witness interviews
- Record the interview without informing the witness
Correct answer: Ask open-ended questions and avoid leading the witness
Open-ended, non-leading questions produce more reliable testimony and protect the investigation from claims of bias.
Question 2: What is the purpose of an investigation summary report?
- To publicly announce disciplinary actions taken
- To document findings, evidence reviewed, and conclusions reached (Correct answer)
- To replace the need for witness interview notes
- To provide the accused with a list of their accusers
Correct answer: To document findings, evidence reviewed, and conclusions reached
The summary report creates a formal record of the investigation's scope, methodology, findings, and recommendations for future reference.
Question 3: A manager discovers that two employees are engaged in a consensual romantic relationship. Under a non-fraternization policy, what documentation step is typically required?
- Immediate termination papers for both employees
- A relationship disclosure form signed by both parties (Correct answer)
- A formal HR complaint filed against both employees
- No documentation is needed for consensual relationships
Correct answer: A relationship disclosure form signed by both parties
Most non-fraternization policies require a formal disclosure to manage potential conflicts of interest while protecting both employees.
Question 4: Which of the following best describes 'progressive discipline documentation'?
- A record showing increasingly severe corrective actions over time (Correct answer)
- Documentation that automatically terminates an employee after one infraction
- A performance review conducted annually
- A skills assessment used during hiring
Correct answer: A record showing increasingly severe corrective actions over time
Progressive discipline documentation records a stepped approach to corrective action, from verbal warning through termination, demonstrating fair process.
Question 5: When should an employer consider bringing in an external investigator?
- For every minor workplace dispute
- When the complaint involves senior leadership or a significant conflict of interest (Correct answer)
- Only when the employee requests external review
- When the investigation is expected to take more than one day
Correct answer: When the complaint involves senior leadership or a significant conflict of interest
External investigators are appropriate when internal staff cannot be sufficiently impartial, particularly when senior leaders are implicated.
Question 6: An employee's digital communications (emails, Slack messages) are relevant to an investigation. What should the employer do before accessing them?
- Access them without notice since company systems are employer property
- Review the company's electronic monitoring policy and applicable law before access (Correct answer)
- Ask the employee's permission only if they are the complainant
- Only review communications from the past 24 hours
Correct answer: Review the company's electronic monitoring policy and applicable law before access
Employers should verify their monitoring policy and legal authority before accessing communications to ensure the process is legally sound.
Question 7: What is 'adverse inference' in the context of workplace investigations?
- A conclusion that the accused is guilty without evidence
- A negative presumption drawn when a party destroys or withholds relevant evidence (Correct answer)
- A witness statement that contradicts the complainant
- An investigator's personal bias against one party
Correct answer: A negative presumption drawn when a party destroys or withholds relevant evidence
Courts and arbitrators may draw adverse inferences against a party that destroys or withholds evidence relevant to a dispute.
CPM Workplace Investigation & Documentation 3
During a workplace investigation interview, the investigator should: