5 Types of Evidence and How to Use Them in a Workplace Investigation

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Character Evidence

Character evidence is a testimony or document that is used to help prove that someone acted in a particular way based on the person’s morals, personality, or propensities. While this cannot be used to prove that a person’s behavior at a certain time was consistent with his or her character, it can be used in some workplace investigations to prove intent, motive, or opportunity.

Demonstrative Evidence

This type of evidence includes items that directly demonstrate a fact. Demonstrative evidence falls into two categories:

  • Physical evidence: pieces of evidence you can see and touch, such as a sack of stolen inventory found in the employee’s locker
  • Illustrative evidence: charts, graphs, photos, models, or recordings, such as a video of an employee harassing another employee

This is one of the most reliable types of evidence to use in your investigation. While there are some cases where demonstrative evidence can be explained away, this is rare. Collect as many pieces as you can to strengthen your investigation and make the right final decision.

Direct Evidence

The most powerful type of evidence, direct evidence requires no inference and directly proves the fact you are investigating. The evidence alone is the proof, if you believe the accounts. Some examples of direct evidence in your workplace investigations could include:

  • A victim’s complaint that a coworker made a discriminatory comment toward them
  • A witness’s account of another employee not abiding by safety protocols
  • A customer’s report that they were harassed by an employee

Documentary Evidence

According to the Legal Information Institute, documentary evidence is “a broad term that includes almost anything on paper.” However, it also includes documentation of facts found in other forms such as film and audio tapes. In your investigation, types of documentary evidence you might use include:

  • Ledgers and books (e.g. accounting logs)
  • Video or audio recordings (e.g. surveillance footage, Zoom meeting recordings)
  • Photos or screenshot images (e.g. photo of harassment incident taken by a bystander)
  • Physical copies or computer printouts of documents, files, records, messages, or emails (e.g. employee records, past case files)
  • Notes, letters, or other written correspondence (e.g. notes passed between coworkers, termination letters)

Prima Facie Evidence 

Meaning “at first sight,” this is evidence presented before a trial that is enough to prove something until it is successfully disproved or rebutted at trial. This is also called presumptive evidence. Prima facie evidence only applies to workplace investigations that potentially need to go to trial. This might include incidents with criminal implications (such as workplace sexual assault) or cases that can’t be settled internally.

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