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What Type of Notebook is Right for You?
Forensic Notes offers three (3) different types of Notebooks to meet your specific needs.
- Forensic Notebook *
- Forensic Notebook (w/ edits) *
- General Notebook
* Professional account is required for Forensic Notebooks. [more info]
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Can You PROVE When You Wrote a Note or Saved a Document?
The ability to prove when you wrote a note or saved a document is essential in both civil and criminal court.
Being able prove that a document existed or was written on a particular date can often determine the outcome of the trial.
This can be especially true in Workplace Bullying & Harassment cases where it often becomes a “he said, she said” situation.
Due to how prevalent harassment is within many organizations, civil courts have begun to award large settlements to victims who are able to prove that they were a victim of harassment within an organization.
As a result, Human Resource (HR) Departments need to ensure they are properly documenting all employee interactions as a lack of notes is considered a lack of evidence.
The inability to properly recall events potentially months or years in the past can be detrimental to the outcome of the case.
However, the reality is that it is nearly impossible to PROVE the date of a document unless it is Digitally Signed and Timestamped.
The only way that you can potentially prove the date of an electronic file that is not Digitally Signed and Timestamped is to hire an experienced Digital Forensic Examiner to examine the computer system that created the document.
Digital Forensic Examination
An independent and experienced Digital Forensic Examiner will cost between $150 – $350 / hour with most forensic examinations taking a minimum of 40hrs.
(avg. $240/hr x 40 = $10,000 USD)
In many cases, the Digital Forensic Examiner will still be unable to state with 100% confidence that the file existed and that no manipulation of the date and time had occurred within the system.
Document Dates Are Important – Google Proof
A recent Google search for the following terms was conducted.
~ Date: 2016-08-27
How do I prove when I wrote a word document
Results: 172,000,000
How do I prove when someone wrote a word document
Results: 169,000,000
How do I prove the date of a file
Results: 114,000,000
As you can see, the above questions are commonly Googled and as a result they have between 114 to 172 Million results each!
Date Altering Programs
Watch the following video to see how easy it is to change the Date Created, Date Modified and Date Accessed values within Microsoft Windows.
Fake a Date – Change Microsoft Windows Date & Time
Watch the following video to see how easy it is to change the date & time within Microsoft Windows.
Almost all programs such as Microsoft Word, Excel and Adobe PDF rely on the date & time set within Windows to timestamp files with an internal date & time (metadata).
This metadata is often used within court proceedings to prove the existence of a document at a particular date & time as it’s believed to be accurate.
In most circumstances this metadata is accurate, but as you will see, it can be easily manipulated for nefarious reasons.
Fake A Date Documents
The following Microsoft Word and Adobe PDF documents are the files created within the “Fake a Date” video above.
Both were created on 2016-08-01 but the metadata within the files show that they were created on 2010-06-10.
Do you Trust the Metadata within documents?
Can You PROVE When You Wrote a Note or Saved a Document?
The Solution is Forensic Notes!
Forensic Notes is your solution to PROVING the date of every important document in your future.
Every Forensic Notebook, Note and Attachment is Digitally Signed, Independently Timestamped and easily verifiable.
Interested in seeing how Forensic Notebooks, Notes and Attachments are validated?
Tour & Features
Interested in seeing all the features of Forensic Notes?
Validating Forensic Notes
The following page will allow you to test the Validation Process so that you can see how easy it is to PROVE when you Wrote a Note or Saved a Document.
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TwiceSafe Software Solutions Inc. DOES NOT provide any legal advice and users of this web site should consult with a lawyer to determine if the information provided on this site is valid for their given circumstances. Use of this web site is governed by our Terms & Conditions; refer to this document for more information.
© TwiceSafe Software Solutions Inc. | All Rights Reserved
TwiceSafe Software Solutions Inc. DOES NOT provide any legal advice and users of this web site should consult with a lawyer to determine if the information provided on this site is valid for their given circumstances. Use of this web site is governed by our Terms & Conditions; refer to this document for more information.
Article Quick Links
Considerations Before You Begin Your Workplace Investigation
- Legal Considerations are a Priority
- Workplace Documentation is Critical
- Employee Privacy and Confidentiality Should be Maintained
- Employee Rights During Investigation
- Employer Policies Need to be Followed Consistently
- Internal HR Policies
- Investigators Should be Properly Prepared
Preparing to Conduct a Workplace Investigation
Conducting a Workplace Investigation
After the Workplace Investigation is Completed
How to Conduct a Workplace Investigation (eBook)
Download article in PDF format
Conducting a Workplace / Employee Investigation
As an HR Manager, you have a lot of responsibilities, including the unenviable task of conducting workplace investigations, commonly referred to as an HR investigation.
Conducting HR investigations may be undertaken when:
- An employee lodges a complaint.
- Your organization is facing a lawsuit from the EEOC, ICE, an Employment Lawyer, or other government agencies.
- You suspect wrongdoing by an employee and require proof prior to termination for just cause.
- Whistleblowing accusation.
These kinds of situations call for a thorough workplace investigation to take place and must be handled carefully from the beginning to avoid legal consequences later.
Conducting a proper workplace investigation will ensure you can fully understand and manage the situation. Failing to do so could leave your organization vulnerable to large legal settlements from lawsuits.
Some investigations may only be fact-finding missions, or undertaken to assess whether an employee complaint should result in disciplinary action.
Internal investigations may also be required in situations where the company is already facing legal action and needs to have all the facts to properly defend themselves in court.
No matter the situation, workplace investigations can be fraught with tension.
You can protect yourself and your organization!
To do so, you must consider:
- Legal Issues
Will your organization be held liable if you fail to investigate or investigate improperly? - Employee Rights
Are you respecting the rights of employees and fostering an appropriate work environment?
Failure to properly investigation a situation places you and your company in a poor light, and can quickly make the situation worse.
As employment lawyer & mediator Stuart Rudner writes within his article, Conduct a Workplace Investigation, “How a workplace incident is handled can have serious repercussions for employers, including liability for extraordinary damages.”
Let us look at some items that must be considered before any investigation begins.
Legal Considerations are a Priority
When conducting a workplace investigation, you must consider that the steps you and the organization take are responsible and within the bounds of the law.
Anyone involved in the investigation needs to be trained in how to act so that they do not risk putting the organization in legal jeopardy.
As Stuart states within his article, Conducting an Investigation, “If the investigation is to be carried out by someone within the organization, it is critical that she be trained in the conduct of an investigation, which would include conducting interviews.”
The investigation itself (or the actions taken resulting from the investigation) could become grounds for a discrimination, harassment, or retaliation claim if it is not handled with proper diligence and care.
Of course, even with a proper investigation your organization could still face a lawsuit.
To help mitigate the risk, however, you can show you did everything you could to comply with the law by:
- Investigating properly
- In a timely manner
- With complete documentation
Remember:
Many employees fall into one or more legally protected classes, so it is not difficult to see how a claim of discrimination or retaliation could arise—even if it is unfounded.
This is why proper documentation is paramount.
It is important not to just properly document the case you suspect could result in problems, but to be consistent in having proper documentation for all your employees.
You can then show in court that you are fair in your treatment of all employees, and that you are consistent in how:
- Employees are treated
- Investigations are conducted
Workplace Documentation is Critical
Keeping detailed and contemporaneous written records is the cornerstone of good documentation.
Workplace investigations rely on good documentation and an investigation by an outside agency such as the EEOC will quickly uncover if your documentation is inadequate.
Lack of Workplace Documentation
As employment lawyer Stuart Rudner points out in his Forensic Notes feature article, Termination for Just Cause, “lack of documentation will almost inevitably weaken your case if your actions are challenged”.
If your workplace investigation results in the decision to terminate / fire an employee, will you be able to terminate for just cause and avoid paying severance to the employee?
Without proper prior documentation, this will be highly unlikely.
Prepare for Potential Lawsuits Before They Happen
Any workplace investigation should be conducted in a way that prepares for the possibility of a lawsuit happening in the future.
If the investigation is conducted properly, with proper documentation, credibility will be on your side.
Documentation will allow your company to prove that:
- They conducted the investigation properly
- Proper procedures were followed
- Your organization investigated or complied with an external investigation as required
Utilizing a Forensic Electronic Document Management System (FEDMS) to organize notes and files can make the process of documentation and document disclosure easier.
Forensic Notes is designed to act like a legal Notebook in electronic form for keeping all your employee documents in one place. It includes advanced security and authentication features, while allowing simplicity in tracking and disclosing notes in a court-ready package if the need arises.
What this means is that you can quickly present employee documents as one easy to read court-verifiable document or electronic package.
However, the benefits of using a FEDMS is much more than simply having a quick and simplified way of presenting documentation.


Perhaps the most important feature, is that it improves the legal credibility of your documentation.
This is because an FEDMS, like Forensic Notes, uses advanced electronic documentation technology to allow you to show not only that a document you created was never altered, but also allows you to PROVE the date and time it was written.
It can also help show that pertinent documents were not destroyed to “hide” a company’s misdeeds.
Document Auditing
If changes are required to a document, a FEDMS can log and tracks all changes, and make available for investigative purposes the original versions of the documents.
When it comes to court, having documentation is vital.
Remember that the organization should have policies in place to preserve documentation when an investigation begins.
This is legally required in most areas.
Whether documentation was created for an internal investigation or regular HR purposes, preservation of these documents is important, as allegations of misconduct may arise months or years after an alleged incident occurred.
Maintaining proper documentation can make or break your case!
Intended Audience May Change
It is also important to create your documentation with an eye to the future, as the intended audience may change.
It may be someone from an external government agency that must read and interpret what is written.
If the documentation is not clear, concise and fact-based, the person reading your documentation may interpret the information differently than what was intended.
An outside organization such as the EEOC may use the interpreted information to determine if the company acted properly which could result in a lawsuit.
Although your organization ‘may’ be able to defend the interpretation, isn’t it better to avoid the hassle and expense by documenting properly to begin with?
Employee Privacy and Confidentiality Should be Maintained
While conducting a workplace investigation, you must balance the need to be thorough with the need to keep the investigation as nonintrusive and respectful of your employees’ privacy as is appropriate for the situation.
Employees have an expectation of privacy, and they will likely assume that any investigation will be limited to only those who need to know.


Request Confidentiality During Discussions
Asking everyone involved to maintain confidentiality also helps to ensure that people can speak freely during your interviews.
Any time confidential information is leaked, the employees will lose trust in the employer and you as the person representing the organization
If trust is lost, other employees may not come forward with complaints in the future or provide key information and evidence that could help protect the organization from lawsuits.
Maintaining confidentiality also helps to reduce the chance that key evidence is destroyed by other employees or inadvertently influence another person’s memories.
Workplace Retaliation
Workplace retaliation can also occur, so keeping the investigation private can reduce the likelihood of threats or retaliation during the process.
It will also help protect witnesses from being intimidated into changing what they will say by co-workers or even managers.
Employees Have a Right to Speak About Workplace Conditions
That said, employers have a very fine line to walk here in regards to confidentiality.
The National Labor Relations Act (NLRB) protects an employee’s right to speak about workplace conditions.
As a result, the employer should assess whether the need for confidentiality outweighs employee rights.
In many cases, the need for confidentiality to protect the integrity of the investigation and to protect those who may be intimidated, will be enough to temporarily disallow communications about the issue within the organization.
Know the Risks!
Employers should ask themselves whether there:
- are witnesses who may need to be protected?
- is a risk of evidence being destroyed?
- is a risk of information being fabricated?
- is a risk of anyone trying to create a cover up?
If these above risks are substantial, confidentiality should be maintained.
Document Requests to Keep a Workplace Investigation Private
Where confidentiality is required, advise employees that it is needed for the duration of the investigation and be sure to document these conversations with every employee. Documentation should include their response to the request to keep information confidential.
Workplace Investigations: Employee Rights During Investigation
“Congress enacted the National Labor Relations Act (“NLRA”) in 1935 to protect the rights of employees and employers, to encourage collective bargaining, and to curtail certain private sector labor and management practices, which can harm the general welfare of workers, businesses and the U.S. economy.”
~ National Labor Relations Act
In 2016, the NLRB awarded over $52 Million dollars in back pay, fees, dues and fines due to illegally fired employees for protected activity.
Source: NLRB Monetary Remedies
Employer Policies Need to be Followed Consistently
Even after legal considerations are met, employers must also follow their own internal policies.
Ideally, employers should create a policy outlining how workplace investigations will be conducted. This helps:
- Employees to know what to expect.
- Employers to be consistent in their actions.
It also helps HR staff begin an investigation in a timely manner since the HR investigation process is already outlined with the key steps to follow.
Any policies related to underlying issues that brought about an investigation should also be followed.
For example:
If the issue relates to employee conduct, the employer should follow their own disciplinary policies.
Employers should be consistent in how employees are treated as un-fair treatment can result in future legal issues.
Internal HR Policies
HR teams may also have internal HR policies that are not necessarily made public to the rest of the organization, other than management.
For example:
There should be an HR policy about how to advise an employee that they are suspended.
This type of policy is not something that needs to be publicized, but the HR team needs to be consistent in how its accomplished.
Failing to be consistent with how employees are notified of a suspension could result in an employee claiming that they were unfairly made an example of compared to other employees.
Investigators Should be Properly Prepared
One important question for any workplace investigation is:
Who should lead the workplace investigation?
Obviously, it is important that the person leading the investigation be well-versed in employment law and is trained to handle sensitive and emotional situations.
This person should also be impartial.
Impartial Investigator
The person leading the investigation must be impartial to the outcome of the investigation to help ensure that the investigation is fair to all employees affected.
This point cannot be emphasized enough.
Failing to be impartial could result in future legal litigation.
Workplace Investigation Training Courses
There are a lot of different training courses that can be beneficial for the HR investigator, including:
- Legal Training
- Recognize and Combat Bias Training
- Empathy Training
Be forewarned, legal training courses can be expensive and take up most of your organizations training budget. Legal information can be complex and cover numerous legal aspects and situations.
External Workplace Investigator
If your organization lacks a person with the proper training to conduct an impartial workplace investigation, then it is highly recommended to hire an external workplace investigator or agency.
Outsourcing workplace investigations often happens if the company does not have enough resources in-house to allow one person to devote all their time to an investigation or if the investigation is complex and beyond the capabilities of the person currently designated to be the investigator.
The decision to outsource your investigations may also be wise if there is an insufficient budget to get the training needed for a person to fill this role internally.
Although contracting to an external person or company could lead to higher initial costs if an investigation is required, the quality of the workplace investigation will likely be superior with less chance of issues in future legal proceedings.
This could save you money overall.
If you do choose someone external, be sure to vet him or her thoroughly to ensure they will be a good fit for your work culture and have the necessary experience to deal with your situation.
You need to be sure they are well-qualified, have sound judgment, and can remain impartial.
The external investigator should also know enough about your business or industry to be able to understand any jargon or Standard Operating Procedure (SOP) discussions that may arise.
Once an investigation has started, it will be difficult to hire a different lead investigator without duplicating work and greatly increasing the costs of the investigation.
As a result, it is best to have external investigative resources in place prior to needing them for an investigation.


If you are planning to conduct your own workplace, HR or employee investigations, the preparation to conduct an effective investigation starts long before you have an issue to investigate.
The following steps should be taken to help ensure a positive and an effective workplace investigation:
- Create a Workplace Investigation Policy
A clear policy on how to conduct workplace investigations should be created. - Training
Train everyone involved to ensure they understand their legal obligations including the need to avoid bias within the investigation. - Create Employee Policies
Have clear employee policies in place to help guide employee behavior. Employees should have a clear understanding of what is expected of them. These polices also serve as guidelines to ensure you are treating employees fairly and consistently. - Documentation System
Have a system for creating thorough, legal documentation. Consider using a forensic electronic document management system (FEDMS) to ensure you have documentation that will hold up to the scrutiny of court should your investigation end up in criminal or civil court.




We created the first Forensic Electronic Document Management System.
See how you benefit from it today!
Employee Policy Examples
Examples of important employee policies include:
- Anti-harassment
- Anti-discrimination
- Employee code of conduct
- Employee disciplinary procedures
- Employee communication guidelines
- Workplace security
- Drug/alcohol use
- Safety
- Open door communication
- Whistleblower
- Workplace bullying or violence
- Employee privacy
Workplace Investigation Templates
Below is a list of workplace investigation templates you may want to download and modify to meet your organization’s specific needs when conducting workplace investigations.
Ontario Human Rights Commission
This template is designed for employers or external investigators who are investigating human rights concerns within the workplace.
Human Rights Workplace Investigation Report Template
Confidential HR Investigation Template
Confidential Investigation Report Template
When the need for a workplace investigation arises, there are a lot of questions to ask not only yourself, but all other employees that are involved.
Below is a list of questions that you may have to ask during the various stages of your investigation.
Hint: [bookmark this page or share it to ensure you can find this list in the future]
Before You Even Begin the Workplace Investigation
Before you begin, assess whether there are any immediate steps you need to take to better protect your organization.
For example:
- Do any employees need to be suspended during the investigation process?
– If yes, do temporary replacements need to be put in place?
– Alternately, perhaps someone should be transferred to another department or shift rotation? - Are there any safety concerns that need to be addressed right away?
- Does the IT department need to be involved to terminate (or grant) an employee’s access to any system?
- Does the IT department need to get copies of any reports or information to assist with the next steps you plan to take during the investigation?
- Do you need to consult with legal counsel?
Need an Employment Lawyer or Mediator?
Looking for an experienced Employment Lawyer who has been voted one of the best in Canada?
We suggest you contact Stuart Rudner at Rudner Law
Plan Your Workplace Investigation
Plan all steps of your investigation as thoroughly as possible prior to taking any steps to contact those that are involved.
There are many legal issues that can arise if you fail to properly plan an investigation and instead react abruptly to a situation.
If you have a policy in place (which you should), this is the time to start following the policy to ensure you as the HR representative are protected should your organization question your actions in the future.
CYA – Cover Your Assets
Not only do you want to document that entire investigation to protect the organization, but you also want to document all your actions showing that you are adhering to policy to protect yourself from allegations of wrongdoing.
This is called C.Y.A. (Cover Your Assets).
When planning your investigation, remember the 5 P’s.
Proper Planning Prevents Poor Performance!
Workplace Investigation Questions
Whether you have a policy to follow or not, you should consider the following workplace investigation questions.
Before You Start the Investigation
What is the problem at hand?
- What has prompted you to start the investigation?
- What are you solving?
For example:
– Are you trying to discover the facts in a dispute?
– Are you trying to see if a company policy was not followed?
– Are you following up on a complaint?
– Are you investigating a suspicion or a hunch?
– Are you trying to comply with an external entity, such as an EEOC, ICE or DOL? - Has a lawsuit already been filed?
Who should investigate this?
- Who has been trained to properly conduct the investigation?
- Who is impartial in this situation?
Handling the investigation carefully is critical.
Mishandling your workplace investigation can make a bad situation worse and lead to legal issues for both yourself and the organization.
Start the Investigation
These questions can be used to guide the way:
- Who is involved?
- Who should be interviewed?
- Who are the witnesses?
- Who is being accused?
- Are there people outside the company who you need to talk to?- Remember to involve both witnesses and anyone who may have relevant information. Failing to speak with all potential witnesses could be seen as failing to complete a full investigation.Do not forget to attempt to speak with former employees if applicable.
- What risks do you face during the investigation itself?
– How will you mitigate these risks? - What documentation will you need to gather and review?
– How will you get the documentation?
– Has the organization used a forensic electronic document management system to ensure the files have not been tampered with?If not, what steps will you need to take to ensure you have complete information? - Examples of documentation you may need:
– All relevant HR policies.
– All relevant operating procedures.
– Employee personnel files.
– Copies of any previous related complaints.
– Files kept by managers.
– Access to employee communications, including emails, texts, phone logs, instant messages, and any other formal or informal form of workplace communication.
– Employee personnel files and/or other general company files.
– Access to any system that records relevant information, such as timecard systems (showing who was there on a given day), or log-in systems (showing who accessed specific programs).
– Expense reports/receipts.
– Security camera footage.
– GPS data for company vehicles.
NOTE: Many of the above documents may not be applicable to your situation.
- How will you maintain confidentiality?
– Assess whether strict confidentiality is required
— If yes, document conversations about confidentiality with everyone involved
– Know in advance what steps you will need to take to ensure confidentiality
– Plan how much information will be communicated and to whom in advance
– Work with others as needed to ensure that file security is maintained - How will you handle any information that is leaked during the process?
– If there is already a lawsuit, you may be dealing with public inquiries in addition to the internal aspects. - How will you clearly document every aspect of the investigation?
– You will need to document who is talked to and when.
– Document what is said.
– Document what discoveries are made.
— Ideally, this documentation should be in a format that is easy to use and hard to tamper with, such as a forensic electronic document management system like Forensic Notes. - Do you have a clear plan for follow up?
– What actions will you take to prevent the situation from recurring.
– What support mechanisms can you put in place to support employees negatively affected.
– Remember, how you and the company follow-up is just as important as the investigation itself.
Scheduling Workplace Investigation Interviews
When scheduling interviews, consider the most logical order to ensure the least amount of disruption to both the organization and those involved.
Consider in advance what questions need to be asked of each person and have that list prepared prior to contacting them for the interview to give them a proper estimate of the time required to complete the interview.
You should also have a clear plan on how you want to contact each person to ensure the privacy of those involved.
Treat every employee with respect and appreciation.
In many cases, you will need their cooperation to gather the information you need.
Digital Forensic Examiner Assistance (E-Discovery)
The majority of workplace investigation will involve electronic data either stored on company computers or electronic devices such as cellphones, laptops and tablets.
As a result, you will likely require outside expertise from a Digital Forensic Examiner to ensure you are able to obtain hidden or deleted information within your corporate environment.
‘Electronic Discovery’ (or E-Discovery) allows you to analyze information only digital forensic experts can obtain.
If you require assistance or recommendations on E-Discovery firms, please do not hesitate to contact us at [email protected].
We have numerous connections in the digital forensic field and can recommend high quality organizations and individuals in your area that can assist with your workplace investigations.
Once the workplace investigation has completed, then it is time for HR and the organization to analyze the investigation to see if changes need to be made for future investigations.
You should also discuss what could have been handled more appropriately in the future.
Discuss How to Improve Future Workplace Investigations
Consider:
- Do policies need updating?
- Is further training required for HR?
- How will the company repair employee morale and answer questions regarding the completed investigation?
- What steps does the organization need to take to follow up on issues that were discovered during the investigation?
Do Not Fail to Correct Issues Discovered
Anything you discovered during the workplace investigation will now be a matter of record and needs to be handled appropriately.
Failing to correct issues discovered could result in legal action in the future if the same mistakes are made.
Workplace investigations WILL occur.
Good documentation and good policies will protect your employees and your organization.
Workplace investigations can be frustrating and tense, but having a plan in place can make them less stressful for not only yourself, but the rest of the organization.
Document your workplace investigations with Forensic Notes.
Sign up today for a free 14-Day No Restriction Trial. No payment information is required.
Protect yourself and your organization with Forensic Notes.
Forensic Electronic Document Management System (FEDMS) – HR Solution
Creating and maintaining the entire host of HR-related documents for all employees can be daunting.
After all, you’ve got to maintain files in a way that is:
- Legally compliant
- Easy to access
- Easy to use
- Maintains confidentiality and security


Complicating matters is the fact that:
- Files may be subject to audit
- Need to be accessed separately from the rest of the employee files
- Usually exists in many places
Considering the above, you can see why it is often a thankless job to keep employee documents maintained in an orderly, legal, and efficient manner.
A lot of organizations today have some combination of paper and electronic records for each employee.
For example, at the time of hiring, there may be the application and I-9 form.
The I-9 form is often filled out on paper, but there may also be electronic records for other pertinent hiring details.
There may be any number of different files maintained by the HR staff. This may include documentation of:
- Disciplinary actions
- Tracking of paid and unpaid leave
- Emergency contacts
- Yearly documents for the government
- etc.
And the employee’s manager will often maintain performance reviews and related documentation separately within their own department.
Why Move from Paper to an Electronic Document Management System?
Keeping Human Resource (HR) documents (and much more) organized and compliant is a big task.
As a result, more organizations are making a push for an all-electronic system, as the benefits can be significant.
Moving away from paper-based employee records has many advantages, including…
Reduce Redundancy & Allow Files to be Accessed Instantly from Remote Locations
With a digitized system, files can be accessed from multiple locations on various devices.
This can streamline access issues and ensure that anyone that should have access to the files will have access. Even if they are on the other side of the country.
Compare this to a physical file cabinet which requires the person with the keys to be physically present at a location to get a file out.
Once they get the physical file out of the locked file cabinet, they may need to scan and email the contents of that file to a remote location.
Although this may not seem like a big task, each request can easily take 15 or more minutes to complete:
- Go to secure file cabinet
- Unlock cabinet
- Search for correct document
- Make sure its the latest version
- Scan the document
- Deal with the typical “paper jam” issues that seem to plague scanners and copiers
- Email the document
- Go back to the secure file cabinet
- Properly place back the document in the correct folder
- And finally write down that you accessed and sent this document off to another person
Electronic Documents Management Systems (EDMS) allow immediate access to files no matter the location of the user or electronic file.
As we’ll see in a moment – there’s no need to sacrifice security for the convenience that a EDMS offers.
#1 Priority – Security
Security of files is critical for many reasons. One such reason is to maintain confidentiality.
Example:
Employers may need to store employee medical information which may be relevant for:
- Health insurance
- Wellness programs
- Leave taken under the Family and Medical Leave Act.
This information should not be distributed to anyone, not even the employee’s manager in most cases.
When there are files that should have limited access, storing them electronically can allow you to have safeguards.
Forensic Audit Logs
These safeguards should result in forensic audit logs which clearly show who had access and when it occurred.
This ensures that the information does not get distributed to anyone who should not have it.
This is a clear benefit over a paper filing system, which could be accessed by anyone who gets into the area where it is stored.
Compliance & Legal Safeguards
Compliance and legal safeguards should be built into the product you’re using.
Compliance concerns can take several forms.
Example:
The organization may need to prove that some forms were created in a timely manner, such as I-9 forms or OSHA accident records. When using an electronic filing system, it’s easy to see the date the item was created and every time it was accessed or modified.
But note that these dates are not foolproof in all systems.
Unless a system is designed to stop and detect attempts to modify data, the validity of your documents can be questioned in legal cases. This could reduce your organization’s credibility if you are unable to prove when a document was created or accessed.
This is possible since it is actually very easy to create or modify electronic documents to show whatever date you want.
But, if you utilize a product like Forensic Notes, you’ll also have the ability to prove that the dates were not altered.
This is a core functionality of Forensic Notes.
This is accomplished through a digital timestamp certificate issued by a third party which can’t be altered.
Being able to prove file creation, access, and modification dates can prove that important files were created in a timely manner and only viewed by authorized employees.
Another legal safeguard relates to keeping files private and confidential as needed.
This is yet another area where an electronic document management system can be beneficial.
You can setup security parameters on specific folders or Forensic Notebooks based on users or groups. This could include passwords or access restrictions.
This means you can keep some parts of an employee file separate from others without having to have two separate physical file cabinets.
Yet another way that a system like Forensic Notes can help with legal compliance is to prove that a document has not been modified after-the-fact.
Example:
If you’re defending a wrongful termination claim, you’ll be able to show that you contemporaneously documented problems as they occurred.
As a result, you’ll be able to:
- Prove that you didn’t simply go back and add documentation after the case was initiated in an attempt to show no wrong-doing
- Show that no files were deleted such as deleting a stellar performance review that contradicts the termination rationale
In court, the credibility of the witness and authenticity of the evidence is key to having evidence admitted and relied upon.
This is only possible if you have a system that ensures that dates cannot be altered or falsified. It is also important to show that documents cannot be deleted without a trace.
These are features of a Forensic Electronic Document Management System (FEDMS). Forensic Notes is the first and only such system.
Why is Forensics Important?
Civil and criminal courts regularly rely on Digital Forensics to determine the guilt or innocence of individuals and organizations.
Printable Employee Documents
Electronic files can always be printed if needed for legal or personnel purposes.
A common fear of transitioning to an all-electronic system for employee files is how to manage situations in which someone needs to review the files but doesn’t have access to the system.
This could be an outside inspector conducting an I-9 audit.
In a case like this, you could either print a physical version of the document and provide to the inspector or an electronic version which can be further safeguarded with the use of passwords.
Save Time During Legal Proceedings
You may be required to provide all information about an employee due to a lawsuit.
In these circumstances, you will likely need to provide all information you have in regards to that employee.
This process is often referred to as Full Disclosure.
Full Disclosure can be a daunting task if you currently using a paper-based system or inefficient electronic system.
Having a FEDMS can save you both time and money.
This is because FEDMS like Forensic Notes can show when, how and by whom a document was created or modified.
This eliminates the need to spend hours and thousands of dollars paying a Digital Forensic Expert to examine the documents to prove their authenticity.
Bear in mind that this is not true of all systems.
A system like Forensic Notes that eliminates the ability to alter time and date stamps or delete information from a file without a trace, means you’ll have documentation that will stand up in legal proceedings.
If you’re defending the organization, you’ll be able to prove:
- No documents were deleted before or during the course of the proceedings
- No documents were created or modified after the fact
- Documents were actually created at the time indicated
You’ll also be able to show that you’ve followed the legal obligation to not destroy any documents after the case was initiated.
Forensics is the key to many civil and criminal cases. Using an FEDMS strengthens your case from the start.
It helps to ensure that your documents will be in a format accepted in the courtroom and able to withstand legal scrutiny.
Re-Organizing & Purge Faster
An electronic document management system (EDMS) allows the greatest flexibility in how you store employee files and documentation.
This results in a customizable and flexible system while keeping security measures in place to ensure confidentiality and privacy.
An electronic system also allows you to purge and move files quickly as required.
Easier & Cheaper Backups
Electronic systems allow backups in case of emergencies or disasters at a much cheaper cost to the organization.
With paper files, an organization typically has one physical copy. In the case of a fire, theft, flood, or other disaster, that one copy could be gone forever.
This risk is easier to mitigate with electronic systems since the entire system can be backed up and replicated in a different region.
This would allow your organization to function as if the natural disaster never occurred in your other office locations.
Forensic Notes is hosted on Microsoft Azure which has the most comprehensive compliance coverage of any cloud provider. All data is geo-replicated in two separate regions of the United States.
To ensure that your data is secure, all data is encrypted both in transit and at rest. Click the following link to view the extreme measures Forensic Notes takes to ensure your data is safe & secure.
Searching & Auditing
An Electronic Document Management System will allow notes and documents to be searched. This saves you a lot of time compared to searching physical paper files.
Save Money on Maintenance
Electronic document management systems cost less to maintain.
While there may be an initial cash outlay to create and set up an online record-keeping system, there are also savings in the form of:
- Less paper
- Less ink
- Less storage space
- Fewer labor costs associated with maintaining the system
With all these benefits, it’s easy to see why most organizations have opted to digitize and streamline their personnel files.
With Forensic Notes, you’ll be able to have all these benefits plus the peace of mind that comes from knowing that you’ll be better protected in legal proceedings.
Always remember that the electronic document management system you put in place is one piece of the bigger picture.
You’ll need to plan for the rest of the implementation and maintenance like you would any other process change.
It starts with ensuring that the organization’s policies and processes will support the system. And that everyone involved has adequate training to make sure the system will be used to its full potential.
A system is only as good as those using it.
If documentation protocols are not followed, an EDMS cannot protect the organization.
But, if proper procedures are followed, you’ll have proof that you’re legally compliant when the time comes.
Are You Ready?
Are you ready to take the next step and move towards a Forensic Electronic Document Management System (FEDMS) like Forensic Notes?
Click here to start your Free 7-Day Trial – No Credit Card or Payment Information Requested
Protect the credibility of your organization with Forensic Notes.


Stuart Rudner
Employment Lawyer & Mediator
Rudner Law
Listed in “Best Lawyers in Canada”
Top Legal Social Media Influencer
Author on Employment Law
Do you have an employee that is causing ongoing frustration due to their workplace behavior and performance?
Do you believe you are justified in firing this employee without providing a severance package, but fear that this will result in a costly lawsuit?
Luckily, Employment Lawyer Stuart Rudner has written the following article for you on Just Cause Termination.
He also discusses severance packages, human rights, workplace harassment and allegations of unpaid overtime.
Read the following informative article to learn exactly what is Just Cause for Termination from a top influential legal expert.
Stuart’s law firm was named as one of the top 3 employment law firms in the country.
Go to Stuart Rudner’s Article below
Just Cause Definition
– article by Stuart Rudner –
Stuart Rudner
Employment Lawyer
Lack of Documentation
Those of you who work with Employment Lawyers will have heard this before: the best thing that an employer can do is to “Document, Document, Document!”
Document performance concerns, misconduct, disciplinary actions, requests for accommodation, and anything else that may become contentious.
Otherwise, the lack of documentation will almost inevitably weaken your case if your actions are challenged.
One obvious area where this is relevant is discipline and dismissal.
Discipline & Dismissal
It is a common occurrence for members of my firm to receive a call from a corporate client in which the client expresses their frustration with the ongoing performance or behavioral issues of a particular employee and proclaims that they have had enough and want to dismiss him or her.
They then broach the issue of whether they can do so for cause, at which point we ask them to send us the employee’s file.
In the vast majority of cases, what we receive is a file that does not contain a single negative comment.
It will contain average performance reviews, and no indication of any concern.
As we must then explain to our client, the lack of evidence of any ongoing concerns, and the fact that the employee was apparently never advised of any concerns, or of the consequences of failing to remedy the situation, means that a dismissal for cause is extremely unlikely to withstand scrutiny.
By way of background, in Canada there are two forms of dismissals:
- Termination without Cause
- Termination for Just Cause
Termination without Cause
Generally speaking, employers have the right to terminate an employee’s employment at any time without cause, as long as they provide the employee with reasonable notice of the termination, or reasonable pay in lieu thereof.
Often the biggest legal issue surrounding these dismissals is the adequacy of the notice offered to an employee.
Employment standards legislation sets out the absolute minimum that can be provided.
If the contract of employment contains a properly drafted termination clause, then that will establish the employer’s obligation, which can be as little as the legislated minimums.
In most cases, there is no such contractual provision, and the employee will be entitled to “reasonable notice”.
Contrary to popular opinion, this is not necessarily one month per year of service.
Our courts have been clear in stating that there are no convenient formulae or calculations, and that every case is to be assessed on its own particular circumstances.
The most common factors are often known as the “Bardal Factors, after the Bardal v. Globe & Mail, decision, which are age, length of service, nature of the dismissed employee’s position, and availability of similar employment.
Of course, this list is not exhaustive, and many other factors (such as inducement), can be considered.
“Reasonable notice” can be extensive. The unwritten rule is that it will not exceed 24 months, though the trend is to see increasing numbers.
In many cases, it will be close to a month per year, but it can be significantly more.
Employer Information
If you’ve been terminated without cause, you may be dealing with a wrongful termination. In this case, you will want to seek an experienced employment lawyer.
When meeting with an employment lawyer, you will want to provide several documents such as:
- Your personnel file
- Company policies
- Pay records
- Physical evidence such as pictures and messages
- Diary or journal entries
- Witness statements and contact info
Termination for Just Cause
Termination for just cause, on the other hand, means that an employee is not entitled to any notice or compensation for dismissal whatsoever.
Obviously, the ability to demonstrate just cause can be critical.
Furthermore, if an employer alleges just cause and then loses a wrongful dismissal suit, they will be liable for all pay in lieu of notice, possibly other damages if a court finds that they acted in bad faith, their own legal fees, and a portion of the employee’s.
This can be a massive liability.
I am the author of You’re Fired! Just Cause for Dismissal in Canada, which discusses the law regarding when individuals can be dismissed for cause.
In the course of writing the book and updating it twice every year, I review all just cause decisions.
Courts are very protective of employees, whether in the context of dismissal, accommodation, or otherwise.
Given the harshness of a for cause dismissal, it is often referred to as “the capital punishment of employment law”.
It is absolutely possible to dismiss an employee for cause, but the threshold is high, and evidence will be crucial.
For that reason, employers need to be sure that they have evidence to support any allegations or defend their conduct.
Otherwise, many courts and arbitrators will “default” in favour of the employee.
Document Employee Interactions & Requests
Human Rights
Another area of employment law where documentation is important is human rights.
We have seen a tremendous growth in the protections afforded by Human Rights legislation and the need for employers to accommodate various employee conditions and obligations, including childcare, disability, and religious observance.
As we always advise clients, you should never dismiss a request for accommodation out of hand.
Rather, all requests should be documented, as should the assessment of the request and the possibility of providing accommodation.
Simply advising that accommodation is “not possible”, without any documentation of a legitimate assessment, will not be enough.
Workplace Harassment & Bullying
In recent years, we have also seen increased emphasis on workplace harassment, and the obligation of employers to address any such misconduct.
Legislation that will soon be in place in Ontario requiring that specific issues be addressed in written policies, including a clear process for investigating allegations of harassment.
It is critical that employers document all such allegations, as well as the steps that are taken to investigate them, the conclusions reached, and the actions taken as a result, including any disciplinary or remedial measures.
Un-Paid Overtime
Our firm has also seen several clients taken to the Ministry of Labour based upon allegations of unpaid overtime.
In some cases, the employee had handwritten notes of hours worked, and the employer had nothing.
Obviously, they were at a tremendous disadvantage.
Conclusion
The bottom line is that whether you need to justify discipline or dismissal, investigate harassment, or respond to allegations of failure to accommodate, documentation is critical.
While you may be able to call a witness, oral evidence is less reliable and less compelling than contemporaneous documentation.
Of course, it is also important to utilize a tamper-proof, secure system.
I have seen individuals allege that disciplinary and other records were fraudulent, or backdated, or otherwise unreliable.
It will be important for any party producing documentary evidence to be able to demonstrate that it is reliable.
We work with both employers and employees.
Many of our clients are based in the United States or Europe, where the employment laws are quite different.
In the course of explaining Canadian Employment Law, we stress the need for documentation, and the value that an employee’s “file” can have when issues arise.
Unfortunately, both sides tend to overlook the fact that the employment relationship is based upon a legal contract, and that while everything might be good in the “honeymoon phase”, disputes can arise and it is very difficult to pursue a claim, or defend against one, without any documentation.
Just Cause Employment Law
Stuart Rudner and his firm, Rudner Law, specialize in Canadian Employment Law.
Stuart has been listed in Best Lawyers in Canada (Employment Law) and named a Top Legal Social Media Influencer (follow him on Twitter @CanadianHRLaw). His firm was named one of the Top 3 Employment Law Firms in the country.
Stuart is the author of a leading text on Summary Dismissal as well as chapters in four other books.
He can be reached at [email protected] or 416.864.8500.
For more information about the firm, see RudnerLaw.ca
Just Cause Termination Letter
A Just Cause Termination letter should be carefully prepared and vetted by legal counsel and Human Resources. It should clearly outline any severance or benefits that will be paid out to the employee being terminated.
Just Cause Termination Examples
Termination for Just Cause may be valid based on the following examples:
- Violate company ethics policy
- Failure to follow company policy
- Neglect of Duty
- Misconduct
- Incompetence
- Breach of contract
- Stealing money or products from the organization
- Lying or deceiving within the organization
- Falsifying records
- Insubordination
- Harassing other employees or customers
- Threatening other employees or customers
- Violence towards other employees or customers
- Being intoxicated on the job
- Being under the influence of drugs on the job
- Criminal conviction
- Viewing inappropriate websites at work, including pornography or illegal material
But is Termination for Cause as straightforward as you would like?
This is likely not the case as the following example of employee theft could result in a wrongful dismissal case against your organization if not handled appropriately or without proper documentation.
Source: BC Employment Standards Branch
As you can see from the above example, the laws in your region may not be clear on when you can fire a employee for cause.
It is highly recommended that you always contact an experienced employment lawyer prior to termination of an employee.
Termination vs Dismissal
Are “Just Cause Dismissal” and “Just Cause Termination” the same thing?
This common question is best answered by first understanding both the definition of Termination and definition of Dismissal.
Termination Definition
1. Last step of employment where a worker is let go.
2. Customer cancellation of remaining work of a contract.
Dismissal Definition – Dismiss Definition
The reality is that termination and dismissal are often used interchangeably – but there is one key difference:
Wikipedia states:
Termination could be an action taken by either the employer or employee in ending a contract.
A Quora post provides further information on the difference:
Do you need to:
- Document something that happened to you?
- Describe an incident you witnessed?
- Create incident reports as part of your job?
Or…
- Prove that your documents were written on a particular date?


Are you a:
- Nurse
- Police Officer
- Doctor
- Lawyer
- Private Investigator
- Safety Officer
- Witness to a Crime
- Victim of a Crime
- Witness to an Accident
- Injured in an Accident
- Human Resource Department Manager / Employee
- Victim of Bullying, Harassment or Discrimination at Work
No matter your job or the incident you’ve experienced, if you need to write a statement, there are some important characteristics that your statement must have, and some pitfalls that you must avoid.
The following guidelines will help you produce a well-written statement to ensure you properly document all evidence for your particular incident.
Best Practice Guidelines for a Well-Written Statement
1. Write Chronologically and In First Person
Your statement should be a chronological account of the incident, written as a narrative in the first person.
For example, your statement might include:
On September 4th 2016, I was working at my desk transcribing reports for my supervisor John Smith. It was approximately 10:00 AM. While I was typing, John approached my desk and starting tapping his fingers on the top of my computer monitor. I looked up and asked him if I could help him. He said nothing but instead grabbed a pen from my desk and dropped it into my full cup of coffee. He then turned and walked away.
2. What You Include In Your Report Is Key!
The information you provide should be clear and concise, specific and factual, accurate, objective and of course as relevant as possible.
For example,
John regularly approaches my desk for no reason other than to annoy me.
On three separate occasions this week John approached my desk and tapped his fingers on my monitor.
List them. Include dates and times.
You should also add additional details, if they exist, such as:
On two of those occasions my co-worker Sally was standing in my cubicle with me and observed John’s behavior.
3. Tell the Whole Story
Your statement should be written with the assumption that the reader has no prior knowledge of the situation.
For example, your statement should include some background:
I, Maggie Brown, am currently employed at Company XYZ with the title of Administrative Assistant. I have been employed with Company XYZ since 2010 and in this position since January 2015. Since March 4th 2015, my direct supervisor has been John Smith. I work in an open office space on the 4th floor of 123 Main St. I work at a desk in a cubicle in close proximity to three other employees and outside of the enclosed office of John Smith.
4. Be Honest and Factual
You may be challenged on the details of your account, so don’t embellish; it diminishes your credibility.
For example,
Everyone in the office saw John bully me.
When John dropped my pen into my coffee, I was approached by two co-workers who advised they had witnessed what he did.
5. Avoid Hearsay
Avoid including information told to you by others, but if you do, you must make it clear that you don’t have direct personal knowledge and that you are merely relaying information you have been told.
For example,
John has told others that he wants to irritate me until I leave the department.
Although I did not hear this myself, On Sept 5th 2016, my co-worker Elsa told me that she had overheard John telling another manager that morning that he did not like me and was hoping I would leave.
6. Be Brief and Be Organized
If appropriate, use headings and diagrams to clarify your evidence.
For example,
…
Background
I, Maggie Brown, am currently employed at Company XYZ with the title of Administrative Assistant. I have been employed with Company XYZ since 2010 and in this position since January 2015……
Details of Incident
On September 4th 2016 I was working at my desk transcribing reports for my supervisor John Smith. It was approximately 10:00 AM. While I was typing, John approached…
7. Document Anguish, Emotional and Physical Pain
If the incident causes anguish, emotional or physical pain, then it is appropriate and recommended to include this information within a separate section of your statement.
This helps to ensure that your emotions remain separate from the facts of the incident.
For example,
…
Feelings & Emotions
I, Maggie Brown, have been affected by the ongoing harassment and bullying by John which has resulted in me suffering from sleep insomnia and anxiety. Today on my way to work, I began to feel sick to my stomach which resulted in …
8. Avoid Abbreviations, Lingo, or Professional Jargon
For example,
I’m a CAP at Company XYZ.
My position is Administrative Assistant and I currently hold the industry designation of Certified Administrative Professional (CAP).
9. Avoid Uninformed Opinions
If you need to give an opinion, make sure it is a professional view based on your professional judgement, experience and knowledge. Avoid uninformed opinions.
For example,
John acts this way to every female in the organization because his wife recently left him.
John began to harass me soon after his wife filed for a divorce. Prior to the divorce, John had made a comment to me that I reminded him of his wife. I believe this is one of the reasons why John harasses me.
10. Attach Relevant Files, Documents and Notes
You may also wish to attach documents or files to the statement as evidence.
For example,
– Add statements of any witnesses you have.
– Include emails, photographs, and hand-written documents (scan those and keep the originals!)
11. Include a Statement of Truth
Finally, include a statement of truth at the end of your statement.
For example,
This statement is true to the best of my knowledge and belief.
12. Grammar, Spelling and Details Are Important
Remember to check for spelling mistakes and any inconsistencies in the statement.
If possible, have a friend not associated with the incident review the document to ensure it’s clear and concise.
Handwritten Notes & Statements
Handwritten notes and statements written with a pen is quick and convenient, but it is nearly impossible to prove when it was actually written if it is presented months or years later as evidence.
This can often result in your credibility being questioned as the opposing party suggests or accuses you of backdating a recent handwritten statement to benefit your particular claim.
– Click here to see how easy it is to backdate electronic documents and files –
To help ‘prove’ the date of a handwritten note or statement, it is often recommended to have a witness sign and date your paper document. This is often sufficient if the person is an independent observer that can be proven to be credible.
But…
Do you want a non-friend to read your most personal thoughts, feelings and emotions when dealing with harassment and bullying at work?
If you work within the Human Resource (HR) department, is it appropriate to have a person not associated with your work read personal documents about a problem employee you may be looking to fire in the future?
To solve the personal and potentially legal issues of having an independent observer read and confirm the date of all your documents, you could pay a notary or lawyer to notarize the documents in question.
But…
Do you have the financial resources to legally notarize EVERY handwritten note you write?
Most would say they don’t!


As a result, people will often rely on friends, family or close co-workers to witness their statements.
But…
Do you think this is sufficient for potential civil lawsuits that may result in $50,000, $100,000 or even $1,000,000 settlements?
Most people say that they would DO ANYTHING for a family member!
With that in mind, it is easy for the opposing party within a civil claim to suggest that a friend or family member simply conspired to backdate any documents of value in the case to help out their friend or family member.


It is also not hard for an opposing party to suggest or claim that an employee signed documents under pressure from management or co-workers to get rid of a problem employee.
Would you consider backdating a handwritten note or statement if it allowed your organization to fire an employee that has been bullying and harassing your co-workers for the past two years resulting in turmoil within your organization?
Most would say they wouldn’t, but many would ‘consider’ signing such a document to get rid of someone they dislike.
As you can see, paper statements and notes can cause numerous issues if presented in civil or criminal cases.
Are you ready to pay extra legal bills to fight against these potential allegations?
“You Are Only Providing Statements to Help Your Case!”
This may be the claim of the opposing party if you attempt to fire an employee as an HR Manager or sue a company for bullying, harassment, discrimination or wrongful dismissal.
As outlined above within the “Guideline for Producing a Well-Written Statement”, you should be factual, accurate and objective in telling your side of the story.
The courts want to know all facts in the case before making a decision. If they believe that one side is purposely hiding facts of the case, this will go against the credibility of that individual or business.
As a result, all paper notes about a person or series of incidents should be contained within a bound paper notebook that has sequentially number pages.


ALL relevant information should be contained within this bound paper notebook and adhere to the following guidelines:
- No pages removed
- No blank pages or sections within the notebook
- An ability to read corrected information or deleted notes
- Each note should be dated
- Each note should be signed by an independent witness
By including non-biased information, the courts will be able to better determine your credibility which will go a long way to them fully appreciating the potential issues discussed within the statements.
Electronic Notes & Statements
Electronic notes and statements written on a computer have many time-saving advantages while also increasing the quality of the statement through grammar and spell-checking capabilities.
However, the dates associated with electronic files such as MS Word documents can be easily altered and changed. Even Metadata contained within the electronic documents can be easily altered and modified to show any date required.
As a result, courts should not be relying on the Metadata associated with electronic notes and statements unless a full Digital Forensic analysis of the original computer system was completed. This type of Digital Forensic analysis can easily cost $10,000+ depending on the complexity of the case.


To help prove the date of an electronic note or electronic statement, you could manually set up a digital signing certificate to digitally sign documents as needed.
Don’t understand the above sentence?
You are not alone as many people would have a difficult time setting up and properly managing such a system.
Manually signing documents via a Digital Certificate also doesn’t solve the issues discussed within the “You Are Only Providing Statements to Help Your Case!” section above.
The Solution!
Forensic Notes offers the best of both words solving all the issues discussed above. Although we could tell you all the technical ways we solve the above issues, we’ll simply state that Forensic Notes replicates paper bound notebooks while automatically timestamping your documents from an independent service allowing you to easily PROVE when you wrote a statement.
If I’d know about these Forensic Notes two years ago my life might be very different right now. This is exactly what I needed and tried to create for myself through emails, but emails can be intercepted and are property of the employer. I have signed up for the free trial to give it a test run.
— Maureen D., Customer
Do you want to PROVE when you wrote a note or statement?
Forensic Notes allows you to properly document all types of incidents including workplace harassment, bullying and problem employees. Click here if you are serious about creating credible evidence.
Please help others and share this article with friends and colleagues.
FORENSIC NOTES – Terms and Conditions
Forensic Notes consists of online services and a website located at www.ForensicNotes.com, including subdomains, that provides users with access to the Forensic Notes digital notebook and note taking web application (collectively, the “Service”). The Service is provided by TwiceSafe Software Solutions Inc. (“TwiceSafe”).
Use of the Service is governed by these Terms and Conditions and a Privacy Policy detailing how TwiceSafe uses the information it collects. You must agree to the Terms and Conditions and Privacy Policy in order to use the Service.
By clicking “I agree” or by using the Service, you agree to be bound by the Terms and Conditions and Privacy Policy. If you are using the Service on behalf of an organization, you represent that you have the authority to bind the organization to the Terms and Conditions and Privacy Policy and are agreeing on behalf of that organization. Where you are using the Service on behalf of an organization, “you” refers to that organization.
1. UPDATES
TwiceSafe reserves the right, at its sole discretion, to change or add or remove portions of the Terms and Conditions or Privacy Policy at any time (“Updates”). TwiceSafe shall notify you of Updates by email, if you provided a valid email address, and to make them available at www.ForensicNotes.com. You are deemed to accept any Update by continuing to use the Service. Unless TwiceSafe states otherwise, Updates are automatically effective 30 days after posting on www.ForensicNotes.com.
2. TERMINATION
If at any time you disagree with the then-current Terms and Conditions or Privacy Policy, you must immediately stop use of the Service and notify TwiceSafe of your intention to terminate by emailing [email protected]. Termination is effective as of the date TwiceSafe receives notice.
3. USING THE SERVICE
The Service may require hardware including, but not limited to, a computer or mobile device with a then-current web browser and an Internet connection. A list of current supported web browsers is available at www.ForensicNotes.com/Supported-Browsers and that may change, without notice, in TwiceSafe’s sole and absolute discretion. You agree to provide all hardware and the Internet connection required to use the Service and to pay all fees incurred by you when accessing the Service through an Internet connection. Additionally, if you are an enterprise subscriber, the Service may require hardware and software to operate a local server containing your data. You are solely responsible for providing and securing the local server and all data it contains.
4. SERVICE TERMS
4.1 Service Subscription.
Except as otherwise provided in the Terms and Conditions, TwiceSafe grants you a non-exclusive, revocable, non-transferrable subscription to access and use the Service through registered accounts (each, an “Account”) (collectively, the “Subscription”). You acknowledge that no title or ownership interest in the Service or Subscription is transferred or assigned to you and that the Terms and Conditions is not a sale of any right to the Service or Subscription. YOU MUST BE OF THE AGE OF MAJORITY IN YOUR JURISDICTION TO ACCESS AND USE THE SERVICE.
4.2 Accounts.
The Subscription requires you to register one administrator-level Account (the “Primary Account”) and, if permitted by your Subscription, a number of subordinate Accounts, to access the Service. You are permitted to register the number of Accounts permitted by your Subscription type. An Account may only be used by the person for whom it was registered by the Primary Account holder. You acknowledge that no title or ownership interest in an Account is transferred or assigned to you and that the Terms and Conditions is not a sale of any right to an Account and agree that all rights in an Account shall be owned by TwiceSafe, excluding User Content (as defined below).
4.3 Username and Password.
Registering an Account requires you to select a user name and password (“Login Information”). You are solely responsible for keeping Login Information confidential. YOU AGREE TO BE BOUND BY ANY USE OF YOUR LOGIN INFORMATION, INCLUDING PURCHASES, WHETHER OR NOT YOU AUTHORIZED SUCH USE. If you become aware of, or reasonably suspect, unauthorized use of your Account, you must immediately change the password that is part of your Login Information. Any questions concerning unauthorized use may be emailed to TwiceSafe at [email protected].
4.4 Information Collection.
Registering Account(s) and using the Service may provide TwiceSafe with personal and anonymous information that is collected and used in accordance with the Service’s Privacy Policy. You agree to provide accurate and complete personal information to TwiceSafe and to update your information if it changes. The Privacy Policy is available at http://www.iubenda.com/privacy-policy/7787168/legal.
4.5 Accuracy of Information.
If you provide information to TwiceSafe including, but not limited to, an email address, phone number, address or credit card billing information (collectively, “Account Information”), you represent and warrant that such Account Information is accurate and complete. You shall promptly notify TwiceSafe of any change to your Account Information. TwiceSafe is neither liable nor responsible for the delivery, or receipt, of information sent to you using Account Information.
5. SUBSCRIPTION FEES, PURCHASES AND FEATURES
5.1 Subscription Fees and Add-Ons.
TwiceSafe charges a Subscription fee that varies depending upon the type of Subscription selected (the “Subscription Fee”) and add-ons, such as additional storage or additional Accounts, provided for an additional fee (“Add-Ons”). TwiceSafe will warn the Primary Account holder when an Account is approaching the limit of certain features provided by a Subscription and provide an opportunity to purchase Add-Ons to extend such features. The Primary Account holder shall provide TwiceSafe with a credit card and billing information to process the Subscription Fee and Add-Ons and agrees that TwiceSafe, or any third party acting on TwiceSafe’s behalf, is authorized and has the right to charge the credit card for applicable fees, charges and taxes that TwiceSafe is required to collect on a recurring yearly basis and that shall be billed on the date corresponding to the start of the paid Subscription. Where the Primary Account holder subscribes to an Add-On during an annual Subscription period, the price of such Add-On shall be prorated according to the period remaining in such annual Subscription and, thereafter, Add-Ons will be charged as part of the recurring Subscription fee for each annual period unless the Primary Account holder chooses to modify the Subscription pursuant to section 5.6 below. The Primary Account holder may change billing status details with TwiceSafe, those not yet charged to the applicable credit card, by contacting [email protected]. Please note that the Primary Account holder must cancel a Subscription and/or Add-Ons prior to the next recurring charge occurring in order not to incur charges for the next billing period.
5.2 Subscription Trial.
If a Subscription begins with a free trial, such free trial lasts for thirty (30) days or such other time period specified during sign-up. Whether you are eligible for a free trial is determined by TwiceSafe, in its sole discretion. Unless the Primary Account holder elects to cancel a Subscription prior to expiration of the free trial pursuant to section 5.6, upon completion of the free-trial period, the Primary Account holder will be charged for such Subscription pursuant to section 5.1. Please note that TwiceSafe will not notify you of the end of the free trial.
5.3 Subscription Features.
The Service features available to you vary, including but not limited to Service data storage and security features and certifications, depending upon the terms of your particular Subscription. Where you reach the limit of a particular Service feature (for example, data storage) and do not purchase an Add-On to increase such limit you may not be able to use certain Service features until such limit is decreased or an Add-On subscribed to. The Primary Account holder may add or remove Subscription Add-Ons at any time, subject to the cancellation procedure set forth in section 5.6 below. Service features are subject to change at any time, on one or more occasions, at TwiceSafe’s sole discretion without notice and without any compensation or refund to you. Notwithstanding the foregoing, TwiceSafe shall notify you of any change to Subscription Fees and Add-On fees through an email or Service notification, such changes taking effect 30 days from the date of notice. Current Subscription Fees, Add-Ons, features and terms are detailed at www.ForensicNotes.com.
5.4 Backup and Security.
The Service contains data redundancy features intended to ensure data remains accessible during a Subscription. TwiceSafe cannot guarantee that such redundancy features will always function as intended and STRONGLY RECOMMENDS that you download and backup Service data, especially notes taken using the web application. While the Service uses certain security certifications, TwiceSafe shall not be held liable for the failure of any Service security measures, or the compromising of the Service by a third party, without regard to the extent of the damage suffered.
5.5 Technical Support.
TwiceSafe may provide you with the Service technical support on such terms as set forth at www.ForensicNotes.com/account-pricing (“Support”). TwiceSafe shall suspend provision of Support in the case of your non-payment of any outstanding invoice, until remedied.
5.6 Cancellation of Subscription or an Add-On.
The Primary Account holder may cancel a Subscription or an Add-On by notifying TwiceSafe at [email protected] and, if a cancellation request is submitted within thirty (30) days following TwiceSafe’s receipt of payment for the Subscription or Add-On sought cancelled, the Primary Account holder is entitled to a refund for such payment (the “Refund Period”). the Primary Account holder must submit a cancellation request within the thirty (30) day Refund Period in order to be entitled to a refund of any kind. Notwithstanding the foregoing, TwiceSafe, in its sole and absolute discretion, may elect to issue a refund for cancellation taking place following expiration of the Refund Period of such amount as it deems acceptable. You acknowledge and agree that, upon cancellation, your Subscription and Add-Ons will remain active for thirty (30) days following the end of the billing cycle or, if notice of cancellation was submitted during the Refund Period, fourteen (14) days from the date of cancellation. Thereafter, you shall be denied access to any cancelled Add-Ons or, if your Subscription is cancelled, your Subscription entirely and all associated data will be deleted. Notwithstanding the foregoing, encrypted backups of your data may be stored for up to thirty-five (35) days, following deletion of your data, until deleted in accordance with our information deletion cycles. Please contact [email protected] for any questions concerning access to encrypted data backups.
5.7 Suspension and Termination of Subscription.
TwiceSafe may suspend or terminate your Subscription and any Account associated with your Subscription at any time for any reason including, but not limited to, violation of the Terms and Conditions and whether a suspension is lifted is at TwiceSafe’s sole and absolute discretion. Notwithstanding the foregoing, IF YOUR SUBSCRIPTION IS TERMINATED FOR VIOLATION OF THE TERMS AND CONDITIONS, YOU ARE NOT ENTITLED TO A REFUND OF ANY KIND.
6. TERM
The Subscription granted to you in the Terms and Conditions commences on the date you agree to the Terms and Conditions and terminates upon the earliest of:
- TwiceSafe’s termination of the Terms and Conditions and that may occur without notice or reason;
- your failure to pay any amounts due and owed by you to TwiceSafe;
- termination of your Subscription by you or TwiceSafe;
- your termination of the Terms and Conditions and Privacy Policy; or
- your non-compliance with the Terms and Conditions or Code of Conduct (as defined herein).
7. CODE OF CONDUCT
The following Code of Conduct applies to your use of the Service. You agree to not, and not encourage others to, use the Service as follows:
- infringe or violate the right of any third party including but not limited to: (1) contractual rights; (2) copyright, patent, trademark or trade secret rights; (3) privacy rights; (4) publicity rights; or (5) the terms of any confidentiality agreement;
- attempt to gain, or gain, unauthorized access to the Service, including through the use of another user’s Account or through any method not provided by or approved by TwiceSafe;
- use the Service to transmit any data that contains, or redirects to, any malware or other harmful data;
- encumber, sell or license the Service, including a Subscription or Account, in any way;
- copy, damage, decompile, disassemble, impair, modify or reverse engineer the Service or otherwise attempt to derive its source code or meta data files, except as permitted by applicable law; or
- encourage or engage in illegal activities.
8. THIRD PARTY SOFTWARE AND SERVICES
The Service incorporates software and services provided or licensed to TwiceSafe by third parties (“Third Party Technology”). The Terms and Conditions do not grant you any license, right, title or other interest in Third Party Technology. Use of Third Party Technology may require you to enter into agreements between you and a third party. You shall review, and determine whether to agree to, any Third Party Technology agreement. TWICESAFE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIRD PARTY TECHNOLOGY. YOU AGREE THAT TWICESAFE WILL NOT BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE RELATING TO THIRD PARTY TECHNOLOGY.
9. OWNERSHIP
9.1 TwiceSafe’s Ownership Rights.
TwiceSafe retains all right, title and interest in the Service, including, but not limited to, all copyrights, patents, trademarks, trade secrets, industrial designs, utility models and any other rights recognized pursuant to the laws of any country or jurisdiction, whether or not protected by law. TwiceSafe hereby retains all rights not expressly granted in the Terms and Conditions.
9.2 Ownership of User Content.
User content includes any data that you or other users create, enter, submit or transfer using the Service alone or in conjunction with Third Party Technology and including, but not limited to, notes taken, data added to notes and that may include, for example, photographs or videos, data transferred through the Service and analytics information (“User Content”). TWICESAFE SHALL NOT, EXCEPT AS PROVIDED FOR IN THE PRIVACY POLICY, VIEW OR OTHERWISE USE USER CONTENT EXCEPT TO PROVIDE THE SERVICE TO YOU. You hereby grant TwiceSafe a fully-paid, royalty-free, non-exclusive, worldwide license to User Content for the term, except with regard to analytics information, which is licensed perpetually, under all intellectual property or other rights you own or control for the LIMITED PURPOSE OF PROVIDING THE SERVICE TO YOU, such as displaying and transmitting User Content on or through the Service and for such purposes as outlined in the Privacy Policy.
10. DISCLAIMER
THE SERVICE IS PROVIDED “AS IS” AND TWICESAFE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TO THE EXTENT AUTHORIZED BY LAW. WITHOUT LIMITING THE FOREGOING, TWICESAFE MAKES NO REPRESENTATIONS THAT USE OF THE SERVICE WILL NOT INFRINGE ANY COPYRIGHT, PATENT, TRADEMARK OR OTHER RIGHTS HELD BY A THIRD PARTY. FURTHER AND WITHOUT LIMITING THE FOREGOING, TWICESAFE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, IS APPROPRIATE FOR YOUR NEEDS, CREATES DOCUMENTS ADMISSIBLE IN COURTS OF LAW IN YOUR JURISDICTION, THAT OPERATION WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, ERROR FREE OR WILL NOT HARM YOUR COMPUTER OR MOBILE DEVICE OR THAT THE SERVICE IS NOT SUSCEPTIBLE TO INTRUSION, ATTACK OR COMPUTER MALWARE. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY TWICESAFE, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED CONTRACT TERMS AND, AS A RESULT, THIS SECTION 10 MAY NOT APPLY TO YOU IN ITS ENTIRETY.
THE SERVICE HAS NOT BEEN REVIEWED BY ANY LICENSED ATTORNEY OR BY ANY COURT OF LAW, AND NO JUDGMENTS HAVE BEEN RENDERED, AS TO THE ADMISSIBILITY OF NOTES CREATED USING THE SERVICE. TWICESAFE HEREBY ADVISES THAT YOU OBTAIN INDEPENDENT LEGAL ADVICE FROM A LICENSED ATTORNEY REGARDING SUCH MATTERS AS, BUT NOT LIMITED TO, WHETHER DIGITAL NOTES ARE ADMISSIBLE IN, AND WHETHER THE SERVICE’S TIMESTAMPING FEATURES CREATE A CHAIN OF CUSTODY ACCEPTED BY, COURTS OF LAW IN YOUR JURISDICTION. YOU BEAR THE ENTIRE RISK AS TO THE PERFORMANCE, OPERATION, QUALITY AND EFFECTIVENESS OF THE SERVICE.
11. LIMITATION OF LIABILITY, INDEMNITY
YOU AGREE THAT TWICESAFE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE TERMS AND CONDITIONS OR USE OF THE SERVICE OR THIRD PARTY TECHNOLOGY AND INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, LOSS OF DATA (INCLUDING BUT NOT LIMITED TO THE LOSS OF DATA THROUGH SUBSCRIPTION OR ADD-ON CANCELLATION), LOSS OF CONTENT, LOSS OF PROFITS, LOSS OF ANY CONTRACT, LOSS OF GOODWILL AND ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF TWICESAFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATION OF LIABILITY ALSO APPLIES IF NOTES TAKEN THROUGH THE SERVICE ARE FOUND INADMISSIBLE IN A COURT OF LAW FOR ANY REASON WHATSOEVER. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD TWICESAFE, ITS AFFILIATES, AGENTS, CONTRACTORS, DIRECTORS, EMPLOYEES, OFFICERS AND PARTNERS HARMLESS FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, COST, LOSS OR EXPENSE THAT ARISES FROM YOUR USE OF THE SERVICE. THIS LIMITATION APPLIES TO ANY CAUSE OF ACTION OR CLAIMS IN THE AGGREGATE, WHETHER IN AN EQUITABLE, LEGAL OR COMMON LAW ACTION ARISING HEREUNDER AND INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY OR INDEMNITY, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY AND OTHER TORTS. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT TWICESAFE’S MAXIMUM AGGREGATE LIABILITY TO YOU IN ANY CASE WHATSOEVER WILL BE THE GREATER OF: (1) THE AMOUNT OF SUBSCRIPTION FEES YOU PAID TO TWICESAFE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE HARM IN QUESTION; AND (2) $100 (CAD).
12. EQUITABLE REMEDIES
You agree that TwiceSafe would be irreparably damaged if the Terms and Conditions are not specifically observed and, therefore, you agree that TwiceSafe shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of the Terms and Conditions, in addition to other remedies available to TwiceSafe under applicable law.
13. DISPUTE RESOLUTION
13.1 Process.
If any disagreement or dispute arising out of or relating to the Terms and Conditions or Privacy Policy, or breach thereof, (a “Dispute”) occurs, you and TwiceSafe agree to first attempt to resolve the Dispute informally for a period of 30 days commencing on the date the Dispute is made known to the other party. If the Dispute is not resolved, you and TwiceSafe agree to submit the Dispute to settlement by final and binding arbitration to be conducted in Vancouver, British Columbia, Canada.
13.2 Restrictions.
You and TwiceSafe agree that any informal resolution or arbitration of a Dispute will be limited between TwiceSafe and you individually. To the full extent permitted by applicable law, no arbitration will be joint with any other and you have no right or authority to: (a) arbitrate a Dispute on a class-action basis or to utilize class action procedures; and to (b) raise a Dispute in a representative capacity on behalf of the general public or any other persons.
13.3 Exceptions to Informal Resolution and Arbitration.
You and TwiceSafe agree that the following Disputes are not subject to the above provisions concerning informal Dispute resolution and arbitration: (a) Disputes concerning the enforcement, protection or validity of intellectual property rights belonging to you or TwiceSafe; (b) Disputes concerning allegations of piracy, theft or unauthorized use of the Service (including violation of the Terms and Conditions); and (c) claims for injunctive relief.
14. GENERAL
14.1 Relationship of the Parties.
Nothing in the Terms and Conditions shall be construed to create any partnership, joint venture, employer-employee or agency relationship between you and TwiceSafe.
14.2 Governing law.
The Terms and Conditions are governed by the laws of the province of British Columbia and the laws of Canada applicable therein without reference to principles of conflicts of laws and courts in Vancouver, British Columbia, will have exclusive jurisdiction to hear any proceedings related to the Terms and Conditions and to which the parties irrevocably attorn to the jurisdiction of.
14.3 Severability.
To the extent any section, clause, provision or sentence or part thereof of the Terms and Conditions is determined to be illegal, invalid or unenforceable by competent authority in any jurisdiction, then that portion will be severed and the remainder of the Terms and Conditions given full force and effect.
14.4 No Waiver.
TwiceSafe’s failure to assert or enforce any right contained in the Terms and Conditions does not constitute a waiver of that right.
14.5 Entire Agreement.
The Terms and Conditions constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements, communications, representations or undertakings provided to you. To the extent the Terms and Conditions conflict with the provisions of the Privacy Policy, the conflicting provisions in the Privacy Policy govern.
Last Updated: 2016-03-12 @ 11:03 AM PST
Forensic Notes offers a customized interface for documenting Workplace Harassment incidents. Each dialog is specifically designed to elicit the correct information from the user so that each note contains the details required to help prove your case and demonstrate your credibility to your manager, human resource department, EEOC, workplace harassment lawyer or judge within a court of law.
Step #1
Enter the Harasser’s Information
Identify who is harassing you.
Single Person:
If you do not know the Full Legal Name, enter a name you believe to be accurate. If you are able to determine the Full Legal Name in the future, you can add a new note detailing how this name was determined.
Multiple Individuals within an Organization:
In organizations where bullying and harassment is allowed and/or encouraged, numerous people may be responsible for the harassment including management. In these circumstances, you want to identify the organization as being responsible for the harassment or bullying as they are likely aware that it is occurring and not taking any steps to stop it. For every incident, you must identify the individual harassers by full legal name and how they relate to that particular incident.
If you do not know the Legal or Common Name of the organization, enter a name you believe to be accurate. If you are able to determine the Legal or Common Name of the Organization in the future, you can add a new note detailing how this name was determined.
Step #2
Enter the Incident Date
When did the harassment occur?
Exact Date:
Knowing the exact date that an incident occurred will increase your credibility when discussing the incident. It is normal to provide an approximate time due to several factors including clock settings, stress and delay in recording the incident. Try to select the most accurate time and then fully explain within your note any reasons why the time may not be exactly as indicated.
Approximate Date:
A delay in recording the incident can often result in you being unsure of when the incident occurred. At this point, it is better to enter as much information as you remember and then clearly detail why you are unable to remember the exact incident date. If you are able to determine the exact date in the future, you can add a new note detailing the exact date and how this was determined.
Help Dialogs
Not sure what to enter?
Each form has helpful dialogs that further explain what type of information you should enter to help ensure you provide the information that is required. Not sure what to enter? Just hover over the help dialog images to show additional information.
Step #3
Enter Incident & Feelings
Provide fact-based details regarding the incident & information on how the harassment made you feel.
Provide as much detail as possible regarding the incident. If you decide to take legal action in the future, you will be able to read over these notes to refresh your memory. Being able to clearly articulate the incident in detail including the actions that led up to the incident and how you reacted both during and after will increase your credibility within court. Be sure to also include how the incident affected you emotionally and physically as this is often considered in criminal and civil judgments.
NOTE: To add additional information regarding this incident, you can add additional notes in the future.
Step #4
Enter Witness Information
Who witnessed the harassment? Document what they observed. Document what they stated to you.
Provide as much detail as possible regarding any witnesses to the incident. If you decide to take legal action in the future, you will want to know of any potential witnesses who may be able to confirm your version of events. If possible, attempt to obtain written statements from any witnesses as they may not remember the incident in the future.
Step #5
Add Attachments & Finalize
Attach witness statements, harassing emails or work performance appraisals.
Attach any documents or files which provide additional evidence. This may include witness statements, employee reviews, letters, emails or doctor notes. By scanning and uploading the documents to Forensic Notes, you are able to Timestamp the documents to clearly show that they existed at the time of Forensic Note creation.
NOTE: Be sure to always keep the original paper copy of the document if it exists.
Finalized Forensic Note
Read-only version of the Forensic Note.
When you “Finalize Forensic Note“, you set the information you have entered as read-only which means that it can no longer be changed within the Forensic Notes application (as shown). This information is then saved as a court-ready PDF document (available via “Download Forensic Note” shown above) which is Digitally Signed and Timestamped. This ensures that you can prove in court, if required, that you entered the information on a specific date and time. The final PDF is known as a Forensic Note.
Six Must Do’s Before You File a Workplace Bullying Grievance with HR, In Addition to Documenting It


Catherine Mattice
MA, SPHR, SHRM-SCP
Civility Partners
Workplace Bullying Expert
Social Media Influencer (@catmattice)
Forensic Notes is excited to provide you the following informative article by workplace bullying expert Catherine Mattice.
Catherine understands the problems targets of bullying face because she lived the same horrible experiences. Since that experience, she has dedicated her life to helping others in similar situations.
Catherine started Civility Partners, which now works with some of the largest firms in America. Civility Partners assists organization to help “them in building systemic action plans to end workplace bullying and replace it with a positive workplace culture”.
Catherine is truly one of the leaders in this field.
Please be sure to share this article on Social media to help others that are thinking about filing a grievance.
In preparing to report your situation with workplace bullying to managers or HR, it is important to first gather your thoughts. The more you are able to stay in control, and be clear and helpful, the more things will pan out in your favor. Below are six must-dos before you file a grievance.
#1: Seek confirmation that you are a good employee and high-performer.
If the bully hasn’t already called your performance into question through performance evaluations, he or she will once they find out you’ve talked to management. For this reason, collect data that supports that you are a high-performer. Talk to other employees you work with, perhaps a former supervisor in a different department, or even a few customers if you can ensure that others believe you are a strong performer and will tell your manager.
#2: Address poor performance evaluations.
The previous tip leads to an important suggestion for dealing with a manager who is a workplace bully. If the bully is your manager, and he or she did use a performance evaluation to bully you, it is important that you take certain steps in order to address this issue with your manager first before filing a grievance with the higher-ups.
Effective performance evaluations are positive and ongoing, provide constructive feedback, and offer specific goals for you to complete. If your performance evaluation doesn’t do that, try to meet with your manager to see if you can get more information. If the bullying manager won’t work with or coach you, then, when you file your grievance, you can share with HR that you really tried to work with this bullying manager by getting more information about what to do differently.
#3: Determine costs to the organization.
Management and HR speak the language of business: money. The saying “money talks” is no BS.
Therefore, presenting your case in factual, tangible terms will be to your benefit. Open up an excel sheet and start trying to figure out how much the bullying is costing the organization.
#4: Attempt to resolve the issue yourself.
Many experts will tell you that this is a bad move—that standing up for yourself will only make the bullying worse. In fact, research does seem to indicate that bullying gets worse when targets attempt to stand up for themselves. Bullies like it when you don’t stand up for yourself; it makes it easier on them if you don’t.
However, from a manager’s viewpoint—and if you are going to be successful in making a complaint—a target who has taken steps to resolve their own relational issues is more powerful and taken more seriously than one who has not.
#5: Get prepared for the conversation.
It is really important that you go into the conversation with pre-determined goals and outcomes. If you go in with specific action items in mind, you will be seen as an individual working toward making the workplace better. Spend some time deciding what the purpose of your talk is, and develop tangible, real goals that you are seeking. Ask yourself exactly what you want to accomplish with your complaint, and what you need to have happen in order to feel satisfied you were heard. What solutions can you offer to the HR manager?
In addition, get prepared to discuss the behaviors, not your feelings. You need this manager or HR representative to advocate for you, and the more you remain a reporter of facts instead of a target of someone’s bad behavior, the greater the likelihood that you will succeed.
#6: Self-reflect
There is a possibility your manager will not believe you when you tell him or her you are being bullied, so it’s important to self-reflect and get clarity on a few things before you decide to set up that meeting. Do a little soul searching and ask yourself whether you’re willing to go forth without the law on your side, since bullying is legal in most places. Think about what you’ll do if you aren’t heard – what’s your next step?
This article is an excerpt from the book BACK OFF! Your KickAss Guide to Ending Bullying at Work by EG Sebastian and Catherine Mattice, and was submitted by Catherine Mattice. Catherine Mattice is an HR Consultant who works with clients to end bullying by creating positive work environments. Her firm, Civility Partners, has worked with Fortune 500’s down to small businesses, and everything in between.
If you are facing harassment at work, you need to take steps to help you deal with the situation. By being proactive, you can safeguard your rights to work in a healthy and conducive environment, or if that does not happen, to receive proper redress for the harm you suffered because of the harassment.
The tips below will help you tremendously, now and later down the line if you decide to exercise your right to file a harassment or discrimination case.
In 2014, about $94 million was paid out as compensation to victims of workplace harassment filed through the EEOC, with awards in the cases ranging from $15,000 to $14.5 million.
Definition: What is Workplace Harassment?
A Workplace Harassment definition encompasses a wide range of unwelcome conduct that a reasonable person ought to know are unwelcome.
Such behaviors are unlawful when an employee has to endure offensive conduct that becomes a condition of continued employment or the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider hostile, intimidating or abusive.
Usually the employee who feels that he or she is being harassed would have made it clear that such behavior is unwelcome and inappropriate and asks that it be discontinued. Workplace harassment could be physical or psychological.
Stop Workplace Harassment with Forensic Notes
Workplace harassment is an all-too-common phenomenon in today’s workplaces which can lead to physical and mental health issues such as anxiety, depression and panic attacks among those who are victims of it.
While it is frequently of a sexual nature, workplace harassment also takes other forms and may involve violence, bullying or other abusive, threatening or demeaning behavior.
Unfortunately, it is not often reported, meaning the victims suffer in silence, unable to access any remedy which may be available. Yet the fact remains that remedies are available for victims of harassment in the workplace, with recent data showing that such remedies can include significant financial compensation for the victim.
With adequate evidence, such as those which Forensic Notes empowers victims to assemble, a victim of workplace harassment can confidently fight against harassment and potentially receive compensation that could be in the hundreds of thousands of dollars.
Have you been Affected by Workplace Harassment?
Chances are, you have been or will be at some point in your career. According to the The Equal Employment Opportunity Commission, (EEOC) the agency that enforces employment laws, fully 30% of all charges brought before it relate to workplace harassment. That statistic ties in with the results of this survey by the Workplace Bullying Institute which showed that an estimated 37% of workers, or about 54 million people, have been bullied at the office, or repeatedly mistreated in a health-harming way.
Think about that for a moment: for every three workers out there in the workplace, at least one is suffering some form of harassment in the course of doing his or her job. It’s even more mind boggling when you consider that the 30% figure cited by the EEOC relates to instances of workplace harassment that are reported.
So in all probability, EEOC Statistics do not adequately reflect the pervasiveness of the issue.
As with most other forms of abuse, cases of harassment in the workplace are under-reported because people fear losing their jobs or compromising their careers if they speak out.
Others worry about being seen as “that guy” – the one who destroyed the collegial, let’s-all-be-friends atmosphere in the office. Some simply do not report harassment because they do not know that those negative behaviors they suffer at the hands of a co-worker amount to harassment. And sometimes, those who want to speak out worry that they will not be believed.
So, what is Workplace Harassment?
Harassment in the workplace is hardly ever clear cut. It takes many different forms and can be overt or disguised, and identifying it or labeling it as harassment can be tricky.
Take the case of 55 year old Anna. She’s sitting at her desk when an email comes in from Craig in Accounts. She opens it and finds a list of “Yo mama’s so old” jokes.
Is Craig’s email harassment? No. Crass and tasteless, yes, but the email in and of itself is not harassment.
However, this is not the only email from Craig. In fact, it’s only the latest in a long list of emails, text messages and disparaging comments from Craig about Anna’s age.
He never misses an opportunity to “compliment” her dressing (“nice skirt you’re wearing today Anna. I bet it was hot back in the 30s”) and he has recently taken to referring to all long-standing projects as “Anna-type” projects.
He refuses to allow Anna on any project team he is leading because “we don’t need outdated ideas,” and pressures other colleagues to do the same.
So is Craig’s latest email harassment? Absolutely! What takes it from a mildly offensive or inappropriate email to an act of harassment is the fact that it is part of a repeated and persistent behavior towards Anna that is intended to humiliate, torment, undermine and frustrate her.
His behavior embarrasses Anna and makes her anxious, frightened and feeling awkward around other co-workers.
… the fact that it is part of a repeated and persistent behavior towards Anna that is intended to humiliate, torment, undermine and frustrate her.
One of the key elements of workplace harassment is that the action or event that constitutes harassment has to be repeated. One act or event does not constitute harassment.
What this means for a person being harassed is that he or she needs to keep track of all instances of harassment in order to prove later down the line, that the offensive actions were, in fact, harassment rather than harmless teasing or attempt at humor. There’s more on this below.
The repeated actions that constitute harassment may take different forms, such as making comments that are rude, offensive or degrading; threatening or intimidating behavior or action; retaliation for reporting something; sending or displaying pictures or emails that are sexist, racist or denigrating of religious beliefs; unwanted touching, flirting or invitations with sexual overtones, disparaging remarks about dressing, etc.
How big an issue is Workplace Harassment?
The reality is that harassment occurs every day in workplaces across America. The EEOC describes this as “an unacceptable reality,” but it is a reality nonetheless.
Consider this: In 2014 alone, over 26, 000 cases of workplace harassment were filed with the EEOC. That’s an average of 72 cases a day. But again, we’re only talking about reported cases.
According to this ABC News/Washington Post poll on sexual harassment for instance, nearly 65% of all people who had experienced sexual harassment at work did not report it.
With various studies suggesting that less than half of all cases of harassment are reported, it is obvious that workplace harassment is a big problem indeed.
Also big is the amount of financial compensation that victims can receive. In 2014, about $94 million was paid out as compensation to victims of workplace harassment filed through the EEOC, with awards in the cases ranging from $15,000 to $14.5 million.
Records show that average EEOC settlement amounts can be quite substantial.
While the payouts from cases settled out of court are difficult to obtain due to confidentiality agreements, one studyfound that when employees choose to litigate and they win, the payout averages $217,000.
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How can Workplace Harassment be stopped?
What can you do if you’ve been Harassed at work?
The unfortunate truth is that sometimes harassment cannot be stopped at all, as the perpetrator persists with their behavior and the company is either unable or unwilling to take proper action due to the position of the perpetrator in the company.
But you don’t have to resign yourself to the idea that your only choices are either to quit or to put up with the harassment. There are things you can do about it.
If you are being harassed at work, here are some important steps to take:
1. Talk to the Harasser
Express your discomfort with the behavior or comments and ask them to stop it.
2. Bring the Harassment to the Attention of your Employer
If your employer has a complaint procedure (which it should) use it to report the harassment to the appropriate parties within your company.
In fact, if you do not use your employer’s complaint process before going to court, you may not recover damages if you win.
3. Seek a Resolution
Submit to arbitration or other process that your company offers to resolve the problem.
Unfortunately this is often the only way to stop harassment within hostile work environments where management does not take the issue seriously.
Always be prepared by documenting all interactions with the company from the very beginning.
What if it doesn’t stop?
Do I have any Legal Recourse?
If your complaint is not handled to your satisfaction, or the harassment continues, you could bring a lawsuit against the co-worker or even the company for condoning the harassment.
Prior to bringing a lawsuit, you need to file an administrative charge with the EEOC or a similar state agency. This is a legal requirement.
If you file a lawsuit without first having filed an administrative charge, your lawsuit will be thrown out.
After considering your case, the EEOC or other agency can dismiss your charge, investigate, request that you and your employer try to settle or mediate the dispute, or take other action.
After processing your claim the agency may issue you a right to sue letter, which will then enable you to file a lawsuit.
Although bringing an EEOC suit or complaint is something you could easily do yourself, you may want to seek the assistance of a employment lawyer to guide you through how to write an EEOC complaint.
Can I Sue for Workplace Harassment?
Employees can sue for Workplace Harassment, hostile work environment or discrimination.
If an employer is made aware of the Workplace Harassment and doesn’t take the initiative to fix the problem, then the employer can be held liable. However, if the employer is not engaging in the alleged activity or isn’t made aware of the situation, the employer will most likely not be held responsible for this form of harassment.
This is especially true if the employer has a program or process in place that allows employees to submit grievances and the employee doesn’t take advantage of the program or process.
If the employer takes steps to correct the harassment but it continues, you could bring a lawsuit against the co-worker.
To be successful in their claim, employees should keep detailed records of any instances of workplace harassment to serve as proof.
Whichever route you take, the most important thing is to record, record, record! Keep a written record of all incidents of harassment including what exactly happened, date, time, and the names of people that might have witnessed the incidents.
This is the single most beneficial thing you can do for yourself when it comes time to proving your case. But it is not enough simply to jot down a few notes or approach it as something casual where you document some of the more serious instances, but not all.
What you need is formal record-keeping that will stand up to scrutiny whether before your company-led arbitration, before the EEOC or other agency or in a court of law.
Keep a written record of all incidents of harassment including what exactly happened, date, time, and the names of people that might have witnessed the incidents.
Why is Forensic Notes the best way to record Workplace Harassment information?
The burden of proof in harassment cases is a heavy one. To have any chance of success, accurate record keeping is absolutely vital.
The following reasons are why you need to have a detailed and accurate record of dates, situations and descriptions of the incidents:
Document all Facts of your Claim
Harassment claims are very fact-specific, and it is the facts that will make or break your case. In the absence of solid documentary evidence, such cases often come down to “he said, she said,” especially if there were no witnesses to the incidents or witnesses who are willing to testify, so the victim stands the risk of having their case dismissed for lack of evidence.
Witnesses Not Always Reliable
Even where there are witnesses to the harassment, the victim may find that by the time their case gets to court, those witnesses have left the company.
Data is Volatile
Many companies have automatic email deletion. After a few months, a victim may find that he or she is unable to recover incriminating emails that were sent or deleted, and there’s simply no record of them.
Contemporaneous Notes are Highly Valued
Courts put far more weight on contemporaneous documents concerning harassment such as diary entries, emails, faxes, letters, notes etc.
Any notes drafted long after the relevant event has occurred or after a lawsuit has been filed is considered memory based and far less reliable than notes that were taken at the time of the incident.
Even where notes exist, but such notes exist in an electronic format, their authenticity is open to attack in court if there is no way of proving beyond reasonable doubt when they were created and that they have not been altered.
All these factors and more, make Forensic Notes an indispensable tool for establishing a strong and credible case when a person has been a victim of harassment.
Forensic Notes enables you to make and store contemporaneous notes of incidents of harassment, which are timestamped by a Trusted Timestamping Authority (TSA) similar to those used by banks to authenticate transactions. Once created, the notes cannot be changed, although they can be added to by creating additional timestamped notes.
Forensic Notes is Customized for Workplace Harassment Incidents
Forensic Notes has been designed to capture the information your require to create detailed and accurate notes that are court-ready regarding your Workplace Harassment incidents. This includes:
1. Hostile Work Environments
2. Gender Discrimination
3. Bullying
4. Sexual Harassment
5. Wrongful Termination
Once you sign up for a ‘Workplace Harassment’ account, you will be guided through the note entry process to quickly and easily create notes that can be used for internal HR discussions, EEOC or court proceedings.
With Forensic Notes, you can store emails, text messages, records of your complaint to Human Resources or other documentation.
Forensic Notes replicate bound and numbered paper notebooks used in business, legal and law enforcement situations. Because it is an impartial, third party platform, Forensic Notes guarantees the authenticity and demonstrates the contemporaneousness of any written material that is likely to be submitted as evidence in court, arbitration or other forums.
How does Forensic Notes work?
With Forensic Notes, users get an industry leading security system that protects the integrity of all information stored in it. It is easy and straightforward to use. Simply sign up for an account.
Your account is protected using multiple layers of encryption and multi-factor authentication. (See Security & Data Encryption page for details)
Once signed up, you can create Forensic Notebooks which include ALL Forensic Notes that have been entered into that notebook, and you can categorize them in any way you want.
For example you may have a Notebook called “Workplace Issues” to store notes, emails, witness statements, etc regarding your workplace harassment incidents.
Within this Notebook, it would also be good to include your diary notes about how you feel as a result of those incidents. This allows you to keep everything together in one notebook which can then be presented as a Forensic Notebook in court if required.
This would show a clear timeline of your thoughts and feelings as a result of the incidents that occurred. Forensic Notes allows you to create multiple notebooks which you can use for other purposes too.
Once saved, your notes and any attachments become read-only and a Digitally Signed PDF of your Notes and attachments is created.
This protects the integrity of the documents as they cannot be tampered with. A Timestamp of the Digitally Signed PDF is created using an Trusted Timestamping Authority (TSA) and saved with the original note and attachments.
The timestamped document is now known as a Forensic Note.
Forensic Notes and Forensic Notebooks can be printed at any time, including for court or arbitration purposes.
You may then present them as evidence in your case, with irrefutable proof that the notes (and attachments) were entered on the date recorded within the Digital Timestamp.
If I am being harassed at work, what kind of compensation do I deserve?
It depends. If you are successful in your harassment claim, the amount you can get in financial compensation depends on what sort of harm you’ve suffered because of the harassment.
Harm could be financial, such as if you’re denied a promotion that would have earned you more money, or you’re forced to leave your job because you could not take the harassment anymore.
For that kind of harm, you may get damages which include back pay and front pay, to compensate you for wages that you lost.
You may also suffer emotional harm, like the case of Anna above who is left feeling anxious, frustrated and fearful.
For this kind of harm, you may get damages for pain and suffering. In addition, you could get punitive damages which are intended to punish your employer for condoning or failing to put a stop to the harassment.
Ultimately, what you can get in dollar sum depends on the facts of your case, but as the figures previously mentioned show, compensation can potentially be in the hundreds of thousands of dollars or even more.
Average EEOC settlement amounts are also quite substantial.
For you to get any compensation however, you first need to report the harassment. And if you’ve read up to this point, you probably realize by now that reporting harassment means much more than simply going to your supervisor and saying “A is harassing me.”
You need proof. Solid, credible proof that is contemporaneous to the instances of harassment.
Forensic Notes’ document-authentication and storage system helps you cross that hurdle by giving your documents the credibility and authenticity they need, so that you can take the first step towards getting the compensation you deserve.
Give yourself a fighting chance – start recording today to ensure you have the right kind of evidence to prove your case.
Financial Compensation Requires Documentation
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Proving Workplace Harassment
Being the victim of harassment at work can be pretty traumatic, but you don’t have to suffer in silence. You can take a stand against the harassment by reporting it.
Frequently though, harassment does not end with simply reporting it. The problem may drag on for a while and you may even end up in court.
Whether or not you do end up in court, here are three key elements you need to be able to show in order to have a case:
3 Key Elements to Having a Legal Case
1. You Did Not Initiate the Harassment
Part of what you need to prove is that you had nothing to do with the harassment. That is, you did not initiate or welcome it. From a legal perspective, an employee complaining of harassment must prove that the behavior was unwelcome and that they did not participate in it willingly.
Oftentimes, the harasser’s defense is that it was a joke and the complainant went along with it. If you have text messages, documents, emails, or communication in other format that can back up your case, keep them.
2. The Harassment Offended You
The behavior in question should be something you find offensive. What is offensive is easy to determine in some cases, but difficult in others.
A verbal abuse for instance, can be reasonably presumed to be offensive, but what if it was a “joke”?
Nobody can decide for you what you must find funny, so a joke could easily be offensive. However, that is not to say you should take offence at everything. Which is why you should try to clarify things with the offender by letting them know you do not welcome the behavior or language.
That way, if it was an errant joke, they have a chance to stop it. If it continues after having made your feelings known, then you can put that down to deliberate attempts to offend you.
3. The Harassment Affected you Negatively
Thirdly, you have to prove that the harassment affected you, either physically or mentally and in terms of your work performance.
If your health, mental state and work performance took a turn for the worse, you can get your medical and mental health records as well as previous performance reviews to show the impact of the harassment on you.
3 Key Steps to Proving Workplace Harassment
Proving workplace harassment can be difficult because, more often than not, it is your word against the harasser’s. But that does not mean that you should or cannot do something about it.
Here are three steps you can take if you’re being harassed at work:
1. Record and Document
Record all instances of harassment, even when they are implied as “jokes”. Harassment comes in various forms of course, so make sure you note down the different ways your harasser is targeting you, whether it be threats or promises of promotion in exchange for sexual favors.
Note down the date, place and time.
Don’t worry if there are no witnesses. Harassers usually wait for opportunities to catch you alone, so it’s possible there won’t be any witnesses.
2. Do NOT Delete Text Messages, Emails or Chats
You may receive text messages, emails, Facebook posts and even hand written notes or cards.
Don’t just keep them, take photos and make digital copies and store them online in case you lose your phone or it crashes.
When all hell breaks loose, you need them to prove that the harassment has been going on for some time.
3. Don’t store Evidence on your Office Computer or in your Desk
Duh! The first thing you lose access to if you get fired is the office computer, and you only have a few minutes to clear out your desk. And don’t even kid yourself that you can’t get fired.
What’s retaliation? Well, let’s just say your complaints about harassment could make someone at your office very mad and they either decide to make your life miserable or just outright send you packing. That’s retaliation.
Even if you don’t get fired, what’s to prevent someone from rifling through your desk and taking your notes, or even deleting your stuff from the company server?
So to protect yourself and prove your harassment in court, make sure your notes and documents are stored in a safe, neutral place and in a manner that makes them admissible in court. Here’s a pretty nifty tool that helps you do just that.
Dealing with any form of harassment can be traumatic, but you can stay one step ahead by following these three simple steps.
Defining workplace sexual harassment in theory might seem straightforward, but in reality it is a grey area that can be quite subjective. This can make accusations and the handling of sexual harassment allegations challenging to say the least. In addition, all parties to the allegations of sexual harassment deserve due process, and balancing this can be quite tricky. The alleged perpetrator deserves to be seen as innocent until proven guilty, while the rights of the alleged victim to seek recourse also needs to be respected, while ensuring that the allegation does not impede their career aspirations. This minefield of complexity makes many victims to remain quiet and some companies simply bury their heads in the sand and pretend nothing is happening.
Equal Pay/Compensation
The Equal Pay Act requires that males and females in the same workplace receive equal pay for equal work.
The Equal Employment Opportunity Commission (EEOC) defines sexual harassment as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.” No one should have to deal with adhering to a request of this nature in order to maintain their employment status.
If you are the victim of sexual harassment in the workplace, there are some steps you can follow to ensure the matter is addressed. Each of these steps is important on its own, but to get the most value out of taking these steps, make sure that you are keeping a detailed record and documenting everything that transpires. Don’t only rely on the notes that your company is taking. Your own personal records will be invaluable evidence for you.
Definition: What is Workplace Sexual Harassment?
Workplace sexual harassment refers to harassment of a sexual nature, which is based on gender or physical attractiveness or un-attractiveness of a person, and consists of unwelcome sexual advances, propositions for sexual favors and any other verbal or physical conduct of a sexual nature.
There are two types of sexual harassment recognized under Federal law in the US: quid pro quo and hostile work environment (the equivalent terms “sexual coercion” or “sexual annoyance” are also used in Canada).
Sexual Coercion Definition (Canada) /
Quid Pro Quo Definition (United States)
Quid pro quo or sexual coercion refers to instances where job benefits such as promotions, pay and performance appraisals are conditioned upon the employee providing sexual favors. Instances of quid pro quo sexual harassment include when a manager or person of authority threatens to terminate an employee who does not submit to sexual advances or where the manager or person of authority makes promises to promote an employee in exchange for sexual favors.
Sexual Annoyance Definition (Canada) /
Hostile Work Environment Definition (United States)
Hostile work environment or sexual annoyance refers to situations where an employee’s work environment is made hostile, intimidating or offensive due to the unwelcome sexual conduct and the conduct unfairly interferes with the employee’s work performance. Some examples include making offensive and/or suggestive sexual comments or jokes, conversations about sex and displaying or sexually oriented materials.
7 Steps in Dealing with Workplace Sexual Harassment
1. Talk to the Person Directly
Once the first incident of sexual harassment occurs, be very clear in letting the person know the behavior is unwelcome and ask them to stop. If the behavior continues after that, tell them that you plan to file a report with Human Resources. Sometimes a person can actually be oblivious to the fact that their behavior is offensive and unwanted. Therefore, that initial chance to clean up their act is a nice gesture that could potentially clear up the matter.
2. Alert Your Manager or Supervisor
If the behavior does continue after that initial conversation, report the incident officially to your immediate supervisor. He or she will likely ask you to follow up your verbal explanation with a written report describing the event in as much detail as possible. It is possible that your immediate manager is the harasser or if he or she refuses to take action, alert the next person in your reporting line. Whoever you report to should handle your complaint with discretion and confidentiality. If there is any evidence related to your grievance, be sure to present that at the time of your formal complaint.
3. Alert Human Resource Management
If your employer has a complaint procedure (which it should), follow the steps set out under the procedure for bringing the harassment to the appropriate parties within your company. Certainly bring it to the attention of your HR department as they would be best equipped to inform you of next steps or any actions to take in the meantime. Note that everything needs to be in writing. You want documentary proof that you can later refer to. Your HR department will also take their own notes, but make sure you take yours too.
4. Submit to Company Resolution Process
Submit to arbitration or other process that your company offers to resolve the problem. Take part in the fact finding steps or meeting initiated or requested by your HR department. Don’t just make a complaint and then refuse to cooperate with efforts being made to resolve the matter. Provide all the necessary details requested and provide any evidence that you may have.
5. Approach the EEOC
Some companies have been known to really drop the ball when it comes to sexual harassment allegations. If your complaint is not handled to your satisfaction, or the harassment continues, it is well within your right to contact the Equal Employment Opportunity Commission to file a case. It is their job to investigate and address issues of discrimination and harassment in the workplace. Once things escalate to this point, it is probably in your best interest to hire an attorney. Depending on the facts of your case, the EEOC may after investigation, decide to dismiss your charge, investigate, request that you and your employer try to settle or mediate the dispute, or take other action. The evidence you provide is what the EEOC can work with, so obviously the better the quality of the evidence you have the better your case. As previously alluded to, such evidence will include all the notes you’ve been taking throughout the process.
6. File a Lawsuit
Depending on the severity of the incident, filing a lawsuit may be the next step. After processing your claim the EEOC may issue you a right to sue letter, which will then enable you to file a lawsuit. Be sure to have your ducks in a row after consulting the EEOC. There is a chance that monetary damages can be awarded if you were let go due to the incident. For you to get any compensation, however, you need to be sure that you have credible evidence that is contemporaneous to the instances of harassment, your reporting it to your manager and all the other steps you’ve taken.
7. Keep Track – Document Everything!
As alluded to above, the right documentation is critical to ensuring that you get justice if you have been a victim of sexual harassment. It is not enough simply to document, it is also very important to make sure that you store and present your evidence in a way that guarantees their authenticity. Otherwise, you could be accused of fabricating evidence after the fact. Forensic Notes’ document storage and verification system protects the integrity of all your documents and other evidence stored on it, thus giving your documents the credibility and authenticity they need, so that they can be accepted as evidence, whether it’s by the EEOC or in court.
How to Prove Workplace Sexual Harassment – 7 Steps
For legal reasons, if you plan to prove workplace sexual harassment, you should follow these seven steps to clearly show that you objected to the unwanted gestures, comments or physical contact. If these steps are not followed, then proving that you were not a willing recipient will be more difficult.
1. Talk to the Person Directly
2. Alert Your Manager or Supervisor
3. Alert Human Resource Management
4. Submit to Company Resolution Process
5. Approach the EEOC
6. File a Lawsuit
7. Keep Track – Document Everything!
Can I Sue for Workplace Sexual Harassment?
Employees can sue for sexual harassment in the workplace if an employer is made aware of the work environment and doesn’t take the initiative to fix the problem. If this is the case, the employer can be held liable for the workplace sexual harassment. However, if the employer is not engaging in the alleged activity or isn’t made aware of the situation, the employer will most likely not be held responsible. This is especially true if the employer has a program or process in place that allows employees to submit grievances and the employee doesn’t take advantage of the program or process. To be successful in their claim of sexual harassment, employees should keep detailed records of any instances of sexual harassment to serve as proof and follow human resource guidelines if available.