The HR Generalist Guide - Employee Relations & Investigations

Welcome to Chapter 6 of The HR Generalist’s Blueprint: A Complete Operational Guide.

We have now entered the "messy middle" of Human Resources. You have hired them (Part 2), but now you have to manage them.

Employee Relations (ER) is often the most stressful part of a Generalist's job. It is where human emotions clash with company policy. One day you are mediating a petty argument about the office thermostat; the next day you are investigating a serious harassment claim that could bankrupt the company.

In this domain, you are not an "Employee Advocate." You are a Neutral Fact-Finder. Your job is not to take sides; it is to find the truth and protect the organization from risk.

Key Takeaways:

• The Trap: "The Open Door Policy" does not mean "The Confidentiality Vault." Never promise total secrecy.

• The Method: Use the IBR (Interest-Based Relational) approach to solve peer conflicts.

• The Investigation: Follow the "Seven Tests of Just Cause" before terminating anyone for misconduct.

You may also like to see : The HR Generalist Guide to Offboarding - The Art of the "Good Goodbye"

6.1 The "Open Door" Policy: Trust vs. Secrets

Every handbook says, "We have an Open Door Policy." But most employees misunderstand what this means.

If an employee comes to you and says, "I want to tell you something about my manager, but you can't tell anyone," STOP THEM IMMEDIATELY.

The HR Script:

"I want to hear what you have to say, and I will keep this as confidential as possible. However, if you tell me about something illegal, unsafe, or a violation of our harassment policy, I am legally required to act on it. I cannot promise total silence."

Why this matters: If you promise silence and they confess to sexual harassment, and you do nothing, you (and the company) can be sued for negligence.

6.2 Conflict Mediation: The Referee

Not every complaint requires an investigation. 90% of ER issues are just personality clashes. Your goal is to get the employees to solve it themselves so you don't become the "Office Parent."

Use the Positions vs. Interests framework.

Feature	The Position (What they say)	The Interest (What they actually need)
Employee A	"I refuse to work with Mike because he is rude."	"I need clear instructions without sarcasm so I can do my job fast."
Employee B	"I'm not rude; she is just too slow."	"I need the data by 2:00 PM to meet my deadline."
HR's Role	Do not debate "Rude vs. Slow."	Build a process where A gets data to B by 2:00 PM without talking.

Action Step: When mediating, force them to speak to each other, not you. If they look at you, gesture toward the other person. You are the facilitator, not the judge.

6.3 Conducting Investigations: The "CSI" of HR

When an allegation crosses the line into misconduct (Theft, Harassment, Discrimination, Violence), mediation stops. Investigation begins.

This is a legal process. If you mess this up, the termination will be overturned in court.

Step 1: Immediate Interim Measures

If the allegation is severe (e.g., physical threat), you must remove the accused from the workplace immediately. Place them on "Paid Administrative Leave" pending the investigation.

• Why Paid? If you suspend them without pay and they are innocent, you have waged theft issues. If they are guilty, you can stop pay later.

Step 2: The Interview Protocol (The Funnel Method)

Interview the accuser first, witnesses second, and the accused last. Use the funnel technique:

1. Open-Ended: "Tell me about the events of Tuesday the 12th."

2. Specific: "Who else was in the room?"

3. The "Hard" Question: "Did you touch her shoulder?"

Crucial Rule: Take verbatim notes. Do not write "He got angry." Write "He slammed his fist on the table and yelled 'This is garbage'." Facts, not feelings.

Step 3: The Verdict (The Standard of Proof)

You are not a criminal court. You do not need "Proof Beyond a Reasonable Doubt" (99% certainty).

You need "Preponderance of the Evidence" (51% certainty).

• Ask yourself: "Based on the interviews and emails, is it more likely than not that this happened?"

6.4 The "Seven Tests of Just Cause"

Before you fire someone for misconduct, run your investigation through this checklist (derived from labor arbitration standards). If you answer "No" to any of these, your termination might be risky.

1. Notice: Did the employee know the rule existed? (Check the signed Handbook).

2. Reasonableness: Was the rule reasonable?

3. Investigation: Did you investigate before firing?

4. Fairness: Was the investigation fair and objective?

5. Proof: Do you have substantial evidence (51%)?

6. Equal Treatment: Have others done this and not been fired? (Consistency is key).

7. Penalty: Does the punishment fit the crime? (Don't fire a 10-year veteran for being 5 minutes late once).

Chapter 6 Summary Checklist

Before closing an ER case, ensure you have documented everything:

• [ ] The Warning: Did I explain the limits of confidentiality before they started talking?

• [ ] The Notes: Are my interview notes dated, signed, and factual (no opinions)?

• [ ] The Evidence: Have I saved screenshots, emails, or Slack messages related to the incident?

• [ ] The Consistency: Am I treating this person the same way I treated the last person who did this?

Next Step: Once the drama is resolved, we must focus on the daily grind of productivity. How do we tell an employee they aren't doing a good job? In Chapter 7, we will cover Performance Management: Moving from Annual Reviews to Continuous Feedback.

By HRMIT - A HR Professional