Workplace investigations can seriously affect an employeeâs legal rights. The outcome of an investigation can lead to continued employment violations, a hostile work environment, or even unlawful retaliation against an employee. The best way to protect yourself is to hire a San Francisco employment attorney as soon as possible.
The law requires an investigation to be conducted after any report of certain unlawful employment practices. Employers must investigate complaints of sexual harassment, age discrimination, minimum wage disputes, and other unlawful employment practices. Of course, many employers investigate every complaint that is filed. Complaints about scheduling, customers, uniforms, and interpersonal matters between employees are usually investigated by an employer even when the law does not require it. This is why companies pay to run expensive HR and legal departments.Â
These departments are tasked with investigating complaints that could expose the company to liability. It is important to remember that the companyâs investigation is designed to protect its own legal interests – not an employeeâs.Â
Internal workplace investigations are conducted by the employer to determine its own liability. As a result, these investigations tend to be biased toward the employer. The best outcome for the employer is to find that there were no violations of any employeeâs legal rights. There is no incentive for the investigators to âkeep diggingâ in order to find the truth. They may not be inclined to explore evidence that proves a violation or evidence that contradicts the employerâs position. This bias makes it very difficult for an employee to get a fair hearing in a workplace investigation. As an employee, you need someone on your side to advocate for your legal rights.
The best way for any employee to protect their legal rights during a workplace investigation is to hire their own attorney. Every employee in the company (including its lawyers) is being paid to protect the company. You need an employment attorney who is on your side. Your lawyerâs job is to protect your legal rights – not the companyâs. Your attorney can advocate for you during the investigation process. If you have filed a complaint, your attorney can help gather the evidence that proves your claims.Â
The experienced employment lawyers at Olivier & Schreiber LLP are here to protect your legal rights at all stages of a workplace investigation. Call (415) 484-0980 or visit our website to schedule your consultation today.
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