Employment Law: Understanding Your Rights During Workplace Investigations

Workplace investigations can be stressful and uncertain, especially when you’re not the one being accused but find yourself involved as a witness or indirectly related party. It’s important for all employees to understand their rights during these processes to protect their interests and ensure fair treatment.

This blog outlines key rights and advice for navigating workplace investigations, ensuring you are prepared should you ever be involved in one. Contact PLBH at (800) 435-7542 if you need help from an employment law attorney.

Key Rights During Workplace Investigations

Workplace investigations must be conducted fairly and legally to ensure the rights of all employees are respected. Understanding these rights can help you navigate the process more effectively.

Right to Fair Treatment

• Non-Discrimination: You have the right not to be treated unfavorably because of your involvement in an investigation.
• Confidentiality: While absolute confidentiality can’t always be guaranteed, employers should handle investigations discreetly to protect the privacy of those involved.

Right to Participation

• Informed Participation: You should be informed about the nature of the investigation and your role in it.
• Voluntary Statements: Your participation in interviews or providing statements should be voluntary, though non-cooperation could influence the investigation’s outcomes.

Tips for Employees Involved in Workplace Investigations

If you find yourself involved in a workplace investigation, consider these tips to protect yourself and your rights.

Understand the Scope of the Investigation

• Ask Questions: Understand why the investigation is being conducted and how your participation is relevant.
• Clarify Your Role: Determine if you are a witness, subject to a related complaint, or just providing general information.

Be Prepared

• Review Relevant Documents: If you need to review any documents before giving a statement or attending a meeting, ask to do so.
• Take Notes: Keeping notes of your meetings and interactions related to the investigation can help protect your interests.

Seek Clarification on Confidentiality

• Confidentiality Agreements: If asked to sign any confidentiality agreement, understand what you are agreeing to and how it affects your rights.
• Ask About Information Sharing: Understand who will have access to the information you provide and how it will be used.

Common Concerns and How to Address Them

Fear of Retaliation

• Protection Against Retaliation: It’s illegal for employers to retaliate against employees for participating in an investigation. If you suspect retaliation, document the behavior and report it immediately.
• Legal Recourse: Consult with an employment law attorney if you face any adverse actions following your involvement in an investigation.

Stress and Anxiety

• Support Systems: Utilize employee assistance programs if available, or seek external support systems such as counseling.
• Communication: Keep open lines of communication with HR or your manager about your concerns regarding the investigation.

How [Business] Can Help

At PLBH, we understand the complexities and stress involved in workplace investigations. Our experienced employment law attorneys can provide guidance and representation to ensure your rights are protected throughout the process. Whether you need advice on how to handle an investigation or legal representation due to issues arising from your involvement, we are here to help.

• Expert Legal Advice: We can clarify your rights and obligations during a workplace investigation.
• Representation: If you experience any form of discrimination or retaliation related to an investigation, our attorneys can represent your interests and seek justice on your behalf.

For professional assistance or to discuss your situation confidentially, contact PLBH at (800) 435-7542. We’re committed to ensuring fair treatment for all employees during workplace investigations.