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False allegations in workplace investigations are somewhat rare. Or are they?
HR professionals need to know how to recognize and handle a bad faith complaint when one comes up. Bob Stenhouse, founder and CEO of Veritas Solutions and a former police investigator and undercover officer, explains the difference between unfounded, vexatious, and bad faith complaints. He also covers counter allegations and why employers need a policy on bad faith allegations.
Key takeaways:
🤷 An unfounded complaint is not a false one. Many complainants believe their own account, even when the evidence does not support it.
👹We don't usually use the word 'lying'. Usually these are called bad faith.
🫵 Counter allegations are common. Sometimes both parties breached policy, and sometimes the counter allegation is retaliation.
🧐 Investigators must keep an open mind to all possibilities, including a false allegation. A closed mind leaves findings open to legal challenge.
00:00 Intro
00:48 Unfounded vs. bad faith complaints
02:44 Vexatious vs. bad faith explained
04:13 Why investigators avoid saying “lying”
05:15 Handling counter allegations
07:32 Does it matter who started it?
08:37 Can an investigation be harassment?
10:22 Why employers need a bad faith policy
12:07 Acting on dishonesty without a policy
13:32 False allegations in the #MeToo era
15:13 Keeping an open mind
16:17 Where “he said, she said” came from
17:01 Finding Bob and Veritas Solutions
**Find Bob**
Website: https://veritassolutions.net/
LinkedIn: https://www.linkedin.com/in/bob-stenhouse/
Book: Truth Matters: A Guide to Conducting Successful Workplace & Other Administrative Investigations: https://www.amazon.ca/s?k=Truth+Matters+Bob+Stenhouse
**Find Andrea (me)**
Website: https://thehrhub.ca/
LinkedIn: https://www.linkedin.com/in/andrea-adams1/
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