Five Key Employee Rights During a Workplace Investigation

Allegations of misconduct, illegal behavior, or policy violations in the workplace often prompt an internal investigation conducted by the employer or a human resources representative. If you are at the center of such an investigation, you may feel like you have no control over the process. But you may still have certain rights and protections under state and federal laws or as enumerated in your employment agreement. 

Learn about employee rights during workplace investigations, then contact an employment attorney for guidance.

The Purpose of Internal Workplace Investigations 

If you have been notified that you are part of an internal investigation or that your employer will be interviewing you, you may not be sure what to expect. Workplace investigations often arise after allegations of misconduct. Those allegations may have been against you or against a coworker, and you are being asked to testify or provide a firsthand account of what happened. 

Employers use workplace investigations to address policy violations, enforce workplace standards, and maintain a safe and productive culture. Your employer may use the findings from the investigation as grounds to demote or terminate you or another worker. This is why it is important to understand employee rights during workplace investigations and advocate for a fair, accurate process. 

Five Employee Rights During Investigations

Employers often describe the procedures for workplace investigations in their employee contracts. Start by reviewing your contract to look for information about how an investigation might be handled in your workplace and any provisions provided to workers. If you do not have an employee contract or if it does not cover workplace investigations, you may still have certain rights and protections under California law.

These are the five employee rights that you may legally be allowed to uphold during the investigation. However, keep in mind that rights can vary depending on the type of investigation and other factors, so it’s important to consult an employment attorney for specific guidance. 

1. Right to Confidentiality During Workplace Investigations

Investigations may feel like a significant invasion of your privacy, but you generally have the right to a confidential process. Your employer is obligated to protect your privacy during investigations as much as is reasonably possible.

This means that the information they gather should be shared only with the necessary parties, such as legal or HR representatives, and not with coworkers or other parties in your workplace. It also means that you have the right to know the measures in place to protect your privacy during the investigation. 

2. Right To Respond to Allegations

The investigation may have you feeling out of the loop, especially if your employer has failed to disclose why you are being investigated. You generally have the right to know the specific allegations against you and respond to them by presenting your side of the story. 

After your employer has finished collecting evidence during the investigation, you may also have the right to explain your version of events before any disciplinary action is finalized. 

3. Right to Protection Against Retaliation

You also have certain employee rights during a workplace investigation if you were the one who initially filed a complaint or prompted an investigation against another employee. California law protects workers against retaliation, which is adverse action against a worker for upholding their employment rights. 

Your employer cannot legally terminate you, demote you, or exhibit any other adverse treatment because you filed a complaint, participated in an investigation, or reported misconduct. If your employer has recently taken one of these actions against you, speak with an employment attorney about your options. 

4. Right to an Impartial and Fair Investigation Process  

Workplace investigations should be conducted fairly and objectively to gain factual information about the allegations. You should not feel that your employer is biased against you or simply looking for a reason to take action.

Any investigators involved in the process should remain neutral, and you should have the opportunity to counter any allegations. 

5. Right to Workplace Investigation Representation, in Certain Cases

You may have the right to legal representation during the investigation, depending on whether you are a unionized employee or whether your employer allows it. Generally, legal representation is not a fundamental right during internal interviews, but union members may have the right to request a union representative be present. 

If you are a non-union employee, check your employee handbook or contract for information about whether you are permitted to bring an attorney or representative to internal interviews. 

What if Your Employer Violates Your Rights During an Investigation? 

If your employer violates state or federal employee protections or breaches protections provided through your employment agreement or contract, you should document the violations immediately and speak with an attorney about your options. The nature of your violation will determine what you do next. For example, you may report retaliation to the EEOC or submit a formal complaint to your HR department.

If the investigation was conducted incorrectly or unfairly, the evidence collected may not be accurate. You should generally avoid quitting due to unfair treatment, as doing so could forfeit your right to unemployment benefits. 

California is an at-will state, meaning employers can generally fire workers for any reason or no reason, as long as the reason does not violate their employment rights. This means that your employer may have the legal right to fire you regardless of the outcome of the investigation. But if you can tie your termination to a discriminatory reason or retaliation, their behavior may be unlawful. 

Consult a California Employment Attorney

Understanding employee rights during investigations is key to upholding your rights and advocating for a fair and impartial process. If you have experienced retaliation in the workplace after filing a claim or are facing other violations of your employment rights, D.Law can help you understand your legal options. 

Our California law firm represents workers across claims involving discrimination and harassment, retaliation, wage disputes, and wrongful termination. Request a legal consultation today by calling 818-275-5799.