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An employer has discovered alleged misconduct from an employee that may lead to termination. What is the first step HR should take once discovering the alleged misconduct?

A. Investigate promptly and thoroughly
B. Move to termination
C. Suspend the employee with pay pending investigation
D. Suspend the employee without pay pending investigation

1 Answer

6 votes

Final answer:

HR should begin with a fair and thorough investigation into the alleged misconduct, which includes collecting evidence and interviewing witnesses while respecting the employee's rights. Suspending the employee without pay pending an investigation is not the recommended first step.

Step-by-step explanation:

When an employer discovers alleged misconduct that may lead to termination, the first step HR should take is not to suspend the employee without pay pending investigation. Instead, the HR should begin by conducting a fair and thorough investigation to establish the facts surrounding the alleged misconduct. This involves gathering evidence, interviewing witnesses, and giving the employee an opportunity to present their side of the story. It's essential for HR to choose words carefully, stay calm, and ask open-ended questions to avoid inflaming the situation and to ensure that any actions taken are based on reliable information and not just allegations.

Furthermore, protecting the rights of the employee is critical. According to the Occupational Safety and Health Act (OSH Act), employees have the right to file complaints without facing discrimination from the employer. Therefore, any disciplinary action, including suspension or termination, should only occur after a complete and unbiased investigation. In some instances, it may be appropriate to place the employee on a paid leave of absence to protect all parties involved while the investigation proceeds.

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