Legal Question in Employment Law in California
Internal investigation at work
A threatning note was posted at work toward a manger. The company hired an external investigator to interview everyone in the department (the department is going through restructuring). No e-mail notice was sent, employees were just escoted to the investigator to be interrogated with guilty implications, and offending non-issue related questions that one has to reply. The employees rights not to answer was not at all mentioned......Is this legal?????
1 Answer from Attorneys
Re: Internal investigation at work
Employers have the right, and probably in this case, an obligation to investigate threats of workplace violence. You, as an employee, have an obligation to cooperate with that investigation, within limits. Sometimes, investigators get overzealous and can violate your rights. Lawsuits have been filed against employers, for example, for false imprisonment, assault, defamation, etc. due to inappropriate employer conduct. The degree of reasonableness may vary from case to case, and whether there is cause to believe that you may be a suspect. One more thing - the admonitions that police officers are required to give - "you have the right to remain silent, you have the right to an attorney", etc. do not aply to private citizens, such as employer's investigators, only to public law enforcement agencies. If you think these investigators have gone too far, see a local attorney as soon as possible to review your case.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
