 |
|
Oracle Tips by Burleson |
Gather
the Facts and Evidence
Begin the process by compiling the facts and
evidence that will get to the truth of what actually occurred. Various
methods may come into play for this purpose such as reviewing a
completed complaint form
if one exists, interviewing other
employees and principals in the case, and use of electronic
surveillance cameras, network filters and
traps, just to name a few. If the evidence clearly outlines a
violation of company policy, then the next step is
to address the issue with the employee under review. For a sample
complaint form, see Figure 4.1. This form must be reviewed and
approved by an attorney concerning all possible legalities.
Some companies hire a third party (attorney) to
conduct an investigation of events that occur in the workplace. The
Fair Credit Reporting Act (FCRA) 15 U.S.C.
1681 requires that any type of workplace investigation by a third
party must comply with consent and disclosure provisions. The Fair and
Accurate Credit Transactions Act
(Fact Act) that became law on December 4, 2003, however, has
removed this requirement of consent and disclosure during the initial
phase of a workplace investigation by a third party for the following
reasons:
There are certain prerequisites that must be met
to exclude the disclosure requirement at the beginning of the third
party’s investigation. The report by the third party must only be made
available to the employer or the employer’s representative. The report
must not be provided to the suspected employee.
If the employer takes any adverse action against
the suspected employee based on the third party investigation, then
the employer must provide a summary of the investigation to the
employee. This summary is a requirement of the Fair and Accurate
Credit Transactions Act Adverse action is any
action that adversely affects an employee. The investigation summary
provided to the employee need not disclose the individuals who
contributed to the information gathered in order to protect their
anonymity.
Access to the health information and medical
records of employees for investigations or any other reason is
protected by the Health Insurance Portability and Accountability Act (HIPAA). The U.S. Department of Health and Human Services (HHS) issued the Privacy Rule that
implements the requirement of HIPAA. The Office for Civil Rights
within HHS is responsible for implementing and enforcing the Privacy
Rule that applies to health plans, health care clearinghouses, and to
any health care provider who transmits information in electronic form
in connection with transactions adopted under HIPPA.
HIPPA protections include health care information
that is held or transmitted in any form or media (electronic, oral, or
paper) and includes the employee’s:
-
Past, present, or future mental or physical
health condition.
-
Health care received.
-
Past, present, or future payments for health
care.
-
Health care identifiers (name, address, social
security number, birth date).
The above book excerpt is from:
You're Fired!
Firing Computer Professionals
The IT
manager Guide for Terminating "With Cause"
ISBN 0-9744486-4-8
Robert Papaj
http://www.rampant-books.com/book_2005_1_firing.htm |
