Common use of Sufficient Investigation Clause in Contracts

Sufficient Investigation. Did you conduct an investigation before making a decision about taking disciplinary action? • Why do you suspect that a work rule violation or performance discrepancy occurred? • Can the employee perform the task? Is there a history of successful performance, or could the employee need additional training? • Are there witnesses other than you? List others who may have knowledge of the issue through involvement or as witnesses (supervisors, employees, clients). • Interview them and take notes. • Are there written records pertinent to the case in your department or elsewhere on campus? Should in-house records be secured under lock and key during the investigation? • Are there written processes or procedures which have a bearing on the case? Is there equipment that should be examined by you or experts? • Do you need to call Human Resources or Risk Management? If you suspect misappropriation of County resources, you should immediately contact Risk Management, or your Human Resources point of contact. Your own investigation will proceed, but other offices may provide information which becomes part of your evidence. • How long ago did the alleged infraction occur? (Unnecessary delays may send a message that you don't consider the infraction to be serious.) • If you think you already know what happened, have you looked only for evidence to support your theory? • Should you conduct the investigation, or are you too close to what happened to be objective? • Should the employee remain on the work site during the investigation? (Do you fear sabotage, or is the employee a threat to others?) • Have you made every effort to reconcile conflicting statements or other conflicting evidence? Are you prepared to discard what you cannot validate? • Have you given the employee a chance to appear (with a representative if applicable), to tell their side of the story and respond to the evidence you have gathered?

Sufficient Investigation. Did you conduct an investigation before making a decision about taking disciplinary action? • Why do you suspect that a work rule violation or performance discrepancy occurred? • Can the employee perform the task? Is there a history of successful performance, or could the employee need additional training? • Are there witnesses other than you? List others who may have knowledge of the issue through involvement or as witnesses (supervisors, employees, clients). • Interview them and take notes. • Are there written records pertinent to the case in your department or elsewhere on campus? Should in-house records be secured under lock and key during the investigation? • Are there written processes or procedures which have a bearing on the case? Is there equipment that should be examined by you or experts? • Do you need to call Human Resources Internal Audit or Risk Managementthe Campus Police? If you suspect misappropriation of County University resources, you should immediately contact Risk Management, or Internal Audit and your Human Resources point of contactE/LR Consultant. Your own investigation will proceed, but other offices may provide information which becomes part of your evidence. • How long ago did the alleged infraction occur? (Unnecessary delays may send a message that you don't consider the infraction to be serious.) • If you think you already know what happened, have you looked only for evidence to support your theory? • Should you conduct the investigation, or are you too close to what happened to be objective? • Should the employee remain on the work site during the investigation? (Do you fear sabotage, or is the employee a threat to others?) • Have you made every effort to reconcile conflicting statements or other conflicting evidence? Are you prepared to discard what you cannot validate? • Have you given the employee a chance to appear (with a representative if applicable), to tell their side of the story and respond to the evidence you have gathered?