Workplace Investigations

When things go wrong in the workplace, an employer’s first move is usually to investigate what happened. There are some situations where this is required by law, like if an employee has made allegations of harassment or violence, but there are other reasons an employer may investigate as well. If something has gone wrong, they usually want to find out what happened before making any decisions.

The law states that investigations must be ‘appropriate given the circumstances.’ In other words, workplace investigations can vary significantly in size and scope, and in terms of who may be involved. If one coworker made a joke that offended another and then quickly apologized, HR or a manager may ask some questions and issue a warning, but the issue is often quickly put to bed.

In other cases, such as complaints of repeated behaviour, sexual harassment, or significant bullying, an investigation may look very different. Some workplaces may have a trained investigator on staff who is at arm’s length from any of the parties and can assist. At other times, the employer may hire a third-party investigator, sometimes a lawyer (but not always), trained in conducting these sorts of investigations.

For larger investigations, an investigator will usually interview multiple people, including the complainant who made the complaint, the respondent who is alleged to have done something wrong, and any witnesses to what happened. Interviews are conducted individually and can take weeks while an investigator works to piece together what actually happened.

So, why should you hire a lawyer to be part of a workplace investigation?

The importance of preparation

If you are a party to a workplace investigation – whether you are the complainant, the respondent, or a witness – you should absolutely consult with a lawyer before speaking with investigators.

If you are the complainant making the complaint, speak with a lawyer about what has happened. They can help set the stage for what to expect during an investigation, and offer guidance about how to move through the questioning. They can also keep tabs on things after the fact. If the situation does not improve, or the discipline issued does not solve the problem, they may be able to help you bring a claim against your employer.

If you are a witness, it’s also important to speak with a lawyer before speaking with investigators. You are responsible for telling the truth, but that means that your credibility can be on the line as well. If you were somehow involved and try to cover it up, you may become a larger part of the investigation and could ultimately be terminated for cause if you were found to have done something wrong and lied about it.

Lastly, if you’re the one alleged to have done something wrong, definitely speak with a lawyer first. Even if you did do what’s been suggested, you’re entitled to a fair process. This means a chance to tell your side of the story without being surprised or ambushed. While you cannot refuse to participate and you need to be honest, you are not automatically without rights.

Employment lawyers are familiar with all aspects of workplace investigations. While most employees would not allow a lawyer to be by your side during your interview (although some might), a lawyer can gladly advise from the sidelines and make sure your rights are protected.
Contact my office today to set up a consultation.