Employee Rights in a Workplace Investigation

Most people working in larger organizations have probably seen the following scenario, either from near or from far:

A co-worker has filed a complaint with human resources. We may know who the complainant is, but most likely their identity is kept anonymous to protect against retaliation. One by one, a human resources manager brings in witnesses to answer questions with a view of proving or disproving the complaint or ‘building a case’. Inevitably, the subject of the complaint will be asked to participate in one or more interviews. The conversation lacks context and the respondent is asked vague questions about past conduct. When the respondent provides a definitive answer, the interviewer ominously asks “Is there anything further I should know”, or even worse “Are you being completely truthful?”

All of which begs the question: if ever asked to participate in a workplace investigation, what are an employee’s rights?

investigator

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