Legal Question in Business Law in Pennsylvania

Re: questioning due to an investigation

You asked about ongoing employer inquiries.

As long as the employer complies with some basics then they can question you all they like. Essentially they are paying you for your time and the questionning is with the scope of permissible employment.

What they can't do is anything punitive or abusive. If they are going to question you it must be an active questionning/investigation. Also, they must allow you sufficient breaks for bathroom, break and lunch. Finally, the law requires that they allow you to take a representative or witness with you. This representative may be another employee or a lawyer. The employee must be on the clock (meaning they are paying the employee) or in the case of a lawyer you would have to pay the fee. The employee can be anyone you trust and it is completely your choice on whom to bring in. It is still undecided what role the witness/representative plays beyond being a witness. In some courts it is established that they may interject and in other courts they have no place to speak or act but just witness. An employer cannot take any negative or relatiatory action based on your request for a representative or the representative's agreement to participate.

Hope that helps.

Regards,

Roger Traversa

email: [email protected]

phone: 215.279.8940