Alex What happens when you are under investigation at work?
Whether you like it or not, you are under an obligation to cooperate with your employer during the investigation. Failure to do so could be raised as a breach of the employer/employee relationship. At the same time, you are also entitled to be investigated by an unbiased investigator.
What happens if you fail to cooperate with an employer investigation?
Every employee has a duty to reasonably cooperate with an employer’s investigation. For an at-will employee (no written contract) at a private sector employer, failure to reasonably cooperate with your employer’s investigation could be grounds for discipline or discharge.
Do you need a lawyer during an investigation?
You therefore don’t have a right to have your lawyer present during the course of an investigation. However, consulting a lawyer about your legal rights, particularly if the complaint is a serious one, is prudent and will help you understand the appropriate scope of an investigation.
What should I do if I’m being investigated by HR?
At the same time, an employee should quickly assess whether they are being interviewed as a witness or as a target for wrongdoing. If the employee suspects they are the target of something that might constitute criminal conduct, they would be well advised to immediately consult with an attorney.
Whether you like it or not, you are under an obligation to cooperate with your employer during the investigation. Failure to do so could be raised as a breach of the employer/employee relationship. At the same time, you are also entitled to be investigated by an unbiased investigator.
Every employee has a duty to reasonably cooperate with an employer’s investigation. For an at-will employee (no written contract) at a private sector employer, failure to reasonably cooperate with your employer’s investigation could be grounds for discipline or discharge.
Can a lawyer be present during an investigation?
Be familiar with the process that your employer has committed to following and make sure that the process is in fact followed. If it is not, bring it to your employer’s attention. An investigation is not a legal proceeding. You therefore don’t have a right to have your lawyer present during the course of an investigation.
Do you know the findings of an investigation?
You are entitled to know the findings of an investigation. You should also be afforded an opportunity to get advice and consider the findings. If there is no legitimacy to the complaint against you, a properly conducted investigation will clear you.