Legal Question in Employment Law in California

Re: HR investigation

Re the "interview"

Your employer, by requiring your presence and participation in an interview- the consequences of which can adversely affect / impact your job, employment, status, even career (as disciplinary matters can be disclosed to other employers inquiring of a prospective employee under hire-consideration)- is invoking what is referred to as "Industrial Due Process"... without at this time giving too much depth to the concept, sufice it to say that you have certain rights during that process- i.e., to protect your legal interests. In short: I would retain legal counsel and / or advise your employer (the one / HR mandating your attendance at an interview) IN WRITING (certified mail) that you would be glad to attend, and fully cooperate; but, you will be bringing your own legal counsel- as your rights may be at issue. Ideally, have your attorney contact them advising of their representation and requesting a mutually acceptable time period for the employer-mandated interview. This will give management (especially the HR person accountable for carrying out matters, and especially the operations management person(s) directly involvedj a "second thought" about not to be cavilier in dealing with your rights in general, and particularly, as an employee. Good luck.

Re: HR investigation

Go along with their terms. Unless you are a public employee, you do not have due process rights. This means private employers do not have to give you the specifics of the complaint against you nor do you have a right to confront your accuser. You should be cooperative. You can certainly get legal counsel to advise you how to handle the situation but you don't have a right to an attorney in any meeting with your employer. If you believe you were treated unlawfully, get the advice of counsel.

Re: HR investigation

In addition to Mr. Kirschbaum's good advice, you should be able to glean the substance of the complaint from the questions that are asked of you.