When workplace misconduct is alleged—harassment, discrimination, policy violations, or other serious issues—employers often conduct investigations. Understanding how these investigations work helps employees navigate them effectively, whether you're the complainant, the accused, or a witness. What you say and do during an investigation can significantly affect the outcome.
A workplace investigation is a formal inquiry into alleged misconduct. While employers have legitimate interests in investigating, employees also have rights that investigations must respect. Knowing both sides helps you protect yourself.
When Investigations Happen
Employers typically investigate complaints of harassment or discrimination, allegations of policy violations or misconduct, safety incidents and accidents, suspected theft or fraud, and conflicts serious enough to disrupt operations. Many laws require employers to investigate complaints—they can face liability for failing to investigate properly.
Investigations should be prompt, thorough, and impartial. Delays can allow evidence to disappear and memories to fade. Incomplete investigations miss important information. Biased investigations reach predetermined conclusions rather than seeking truth.
The investigator may be HR personnel, management, in-house counsel, or an outside investigator. Large companies and sensitive matters often use external investigators for objectivity. Whoever investigates should have appropriate training and no conflict of interest.
If You're the Complainant
Filing a complaint triggers the investigation process. Provide as much specific detail as possible—names, dates, locations, what was said or done, and any witnesses. Vague allegations are harder to investigate effectively.
Gather and preserve evidence before complaining if possible. Save emails, texts, and documents. Note dates and details of incidents while fresh in your memory. Identify potential witnesses who observed relevant events.
Understand that investigations take time. The employer must interview witnesses, gather documents, and give the accused an opportunity to respond. Anti-retaliation laws protect you during this process—if you experience adverse treatment after complaining, report it immediately.
You likely won't receive details about disciplinary action taken against others, as that's typically confidential. You should receive confirmation that the investigation concluded and some indication of whether corrective action occurred.
If You're the Accused
Being investigated is stressful, but how you respond matters significantly. Remain calm and professional throughout the process. Angry outbursts or defensive behavior can hurt your credibility even if the allegations are false.
Listen carefully to questions and answer honestly. Lying during an investigation—even about small things—can be grounds for termination regardless of the underlying allegations. If you don't remember something, say so rather than guessing.
You may want to request representation. Union members usually have Weingarten rights to union representation during investigatory interviews that could lead to discipline. Non-union employees generally don't have the same right but can sometimes request an advocate.
Don't contact complainants or witnesses to discuss the investigation. This can be seen as intimidation or retaliation, creating additional problems even if innocent of original allegations. Let the process work without interference.
If You're a Witness
Witnesses provide crucial information in workplace investigations. When asked to participate, answer questions truthfully and completely—only describe what you actually observed, not rumors or speculation.
You're generally expected to cooperate with investigations as part of your job duties. Refusing to participate may itself be grounds for discipline. However, you can ask for clarification about questions and take a moment to think before answering.
Confidentiality is important. Don't discuss the investigation with coworkers or share what you were asked or said. Spreading information can compromise the investigation and may violate company policy.
Your Rights During Investigations
While employers have broad authority to investigate, employees retain important rights. You cannot be terminated for truthfully participating in or cooperating with investigations. Retaliation against complainants, witnesses, or accused employees who cooperate is illegal.
Investigations should respect reasonable privacy. Employers can search company property and systems but have limits on personal property and communications. Surveillance should be disclosed. Drug tests require proper procedures.
Some communications may be privileged. Conversations with your personal attorney are protected. Union members' communications with union representatives have some protection. Know what's confidential and what isn't.
After the Investigation
Investigations conclude with findings and potentially disciplinary action. You may not agree with the outcome. If you believe the investigation was conducted improperly or reached the wrong conclusion, you may have options to appeal internally or seek outside remedies.
If you're terminated or disciplined based on investigation findings, an employment attorney can evaluate whether the process was fair and whether you have claims. Faulty investigations sometimes form the basis for wrongful termination or discrimination claims.
Document the entire process for your records. Keep copies of any written communications about the investigation and note conversations, decisions, and their timing.
Getting Legal Help
If you're involved in a workplace investigation, especially as a complainant or accused, consulting an employment attorney can be valuable. They can help you understand your rights, prepare for interviews, and protect yourself from unfair treatment. Many attorneys offer consultations to help you navigate this stressful process effectively. Don't assume HR has your best interests at heart—know your rights and protect them.