Your Rights During a Workplace Investigation
In an age where workers face increasingly complex workplace challenges, understanding your rights is essential. Being investigated at work is stressful. Learn your rights and when to get a lawyer.
Key takeaways
You have the right to know what you are being investigated for
Cooperate but be cautious without legal advice
Union employees have Weingarten rights to representation
An investigation can lead to discipline, termination, or exoneration
What to Expect
Investigations typically involve interviews with the accused, complainant, and witnesses. You will usually be told the general nature of allegations. The investigation can last days to months.
Your Rights as the Subject
Right to Know Allegations
In many workplace processes, you should ask for the general nature of what you are being investigated for and save any written notice.
Right to Tell Your Side
You should have the opportunity to respond and present evidence.
Protection from Retaliation
If you filed the complaint, you are protected from retaliation.
Right to Representation
Union employees have Weingarten rights. Non-union employees may benefit from consulting a lawyer.
When to Involve a Lawyer
Get a free consult with an employment lawyer if the allegations are serious, if the investigation seems pretextual, or if you are unsure about your rights.
Frequently Asked Questions
Can I be fired based on an investigation?
Yes, if the employer concludes you violated policy or law. A biased, retaliatory, or discriminatory investigation may raise separate legal issues.
Should I cooperate?
Generally yes, as refusing can be grounds for discipline. But be thoughtful about what you say.
Can I record my interview?
Depends on state recording consent laws and employer policies.
Primary Sources
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