Christine Mellon is Omnicell's Chief People Officer, aligning ethos, culture, and strategy to enhance employee experience and performance.
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In the business world, a “bad actor” is someone who engages in harmful, unethical or illegal behavior. You know, the kinds of activities that internal investigations are intended for. But I’ve discovered that there are also some “good” actors out there: people who cry wolf about their colleagues for a number of reasons — some of which are more troubling than others.
Conflict isn’t an indication that something is wrong in the workplace, and the first person to sound the alarm is not necessarily the victim. Conflict could be an indication that people are speaking their minds, which is an indispensable quality of a growth-oriented workplace culture. As Victor Hugo once said, “You have enemies? Why, it is the story of every man who has done a great deed or created a new idea.” Disagreements can make for a vibrant and innovative environment.
Conflict between colleagues can also be a red flag that a power play is happening, and it’s important to examine all sides of an issue before jumping to conclusions. There are many ways to botch an internal investigation by failing to be impartial or failing to recognize the political dynamics that may be at play. To determine whether the subject of your investigation is truly a bad actor, consider the following.
Enter Discussions Without A Presumption Of Guilt Or Innocence
Remind yourself, and your employee, that your primary posture is one of listening. Take time to absorb what the person is saying. There are many issues that get escalated to senior management far before they need to. If there is a possibility that the employee may have skipped some steps in the conflict-resolution process, cautiously explore this option with the person. Please note that this conversation must be handled with the utmost caution.
Withhold Judgments Of Any Kind
It is common for a complainant to look to you to confirm their assertions, even in the initial interview. Be extremely careful not to offer statements that could be interpreted as your believing their side of events. There is a big difference between saying “I am sorry you are feeling this way,” and “I am sorry this happened to you.” The former simply acknowledges the employee’s feelings and makes them feel safe. The latter says you are accepting their version of events as fact.
Arguably the most difficult part of an investigator’s job is to navigate these difficult waters carefully. False accusations can tank someone’s career — it’s devastating and, unfortunately, it happens all the time. But so does abuse in its many forms, and you cannot take that lightly. Power differentials, gender dynamics and intensely manipulative individuals all exist. You’ll do well to become an expert in how to handle these pain points.
Investigate Well
One of the worst methods for investigating a complaint about another employee is the following:
The person assigned to the investigation interviews the subject’s colleagues and asks, “Have you ever experienced Joe as abrasive?” This is a leading question, and only plants doubt in the mind of the respondent. Even asking, “Tell me about your experience with Joe,” cues the interviewee that Joe is under the gun and can give people license to say all the bad things they think about that person. If you’re interviewing them about an individual, they probably don’t think Joe is getting an award. They might think he’s already in “trouble” and they want to add their contribution and be on the right side of the upcoming battle. Mob mentality is a real thing.
Instead, consider asking Joe’s team and other involved parties questions like, “Do you have any concerns about how these teams are functioning? Are there any personality conflicts or difficulties you’re dealing with or have observed?” If you cast the net wide and Joe’s name is coming up left and right, you know there is probably something there.
Motivations Matter And Politics Are Unavoidable
Sadly, in our world, not everyone is completely pure of heart. Even if a complainant is 100% validated in the course of an investigation, there is sometimes more than initially meets the eye. A key question to ask the complainant, after taking in the details of their complaint is, “What outcome would you like to see?” This is an important question to help you determine where the complainant is coming from and what matters to them. Listen to how they answer. What benefits accrue to the accuser if action is taken against the target of the complaint? Are there political issues here or not?
When interviewing the target, listen to how they respond to the details of the complaint. Don’t judge the target if they present as nervous. It’s a rare person who does not get upset when they are being investigated. Having your reputation and integrity called into question naturally creates anxiety. Instead, listen to whether the target offers rational explanations for events. Do they sound like they are struggling to find an acceptable explanation? Are they contradicting themselves? Do they outline a benefit that the accuser realizes from this complaint?
These, of course, are just a few of the numerous steps a good investigator takes and clues they look for to make sure they have a clear picture of what is at stake for all involved. Let’s face it — it’s hard and a serious responsibility to run an investigation. Developing your skills to be objective and suss out drama or bad intent on anyone’s part will help you ensure you don’t get “played” by someone with an agenda.
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