Being asked to participate in a workplace investigation can be stressful and intimidating. Years of education and experience provide you with the skills you need to do your job, but they do not necessarily prepare you for what to expect during an HR investigation.

Employers conduct HR investigations for many reasons. But if you are asked to participate in an internal investigation, never lose sight of the fact that the HR representative represents the company, not the employee. Deciding whether you need to hire an employment lawyer before participating in an HR investigation often depends on the type of investigation, what is at stake, and whether you are being questioned as a witness, a subject, or a complainant.

Key Takeaways

• In a workplace investigation, never forget that the investigator is not on your side.
• Determining whether you need personal counsel often depends on why the investigation is being conducted
• An experienced employment attorney can help you prepare for the meeting and may be allowed to be with you during the interview
• Do not discuss the meeting with co-workers, and avoid signing anything during the meeting. Instead, ask for additional time to review it.

HR Is Not On Your Side

Companies conduct workplace investigations for many reasons, such as to gather information about potential wrongdoing, to take corrective action to avoid further negative consequences, or to be in a better position to respond to a government intervention. Depending on the reason for the investigation, it may be conducted by HR professionals or attorneys. Regardless of who conducts the investigation, never forget that it is being conducted to benefit the organization. Even a so-called “neutral” investigator is often retained by the company. Anything said during the investigation could be used to justify employee discipline, termination, or to undermine a later claim.

Critically, even if the investigator is a lawyer, unlike conversations with a personal attorney, there is no attorney-client privilege that covers what you say to a company attorney during an investigation.

What Kind of Investigation Is It?

Deciding whether you need to hire a lawyer for an internal investigation often depends on why the investigation is being conducted. The answer may change depending on whether:

• You are the one making the complaint
• You are the accused
• You are a witness
• You are being investigated in connection with a termination decision that was already made
• The investigation is occurring in the context of a collective bargaining agreement or if you are part of a union
• The investigation is government-adjacent and involves compliance, potential fraud, or a whistleblower complaint

When You Should Consider Hiring an Employment Lawyer

You should strongly consider hiring an attorney for an HR investigation if:

• You recently made a complaint about workplace discrimination or harassment, requested protected leave, or engaged in other protected activity
• The investigation could result in demotion, termination, or loss of a professional license or certification
• You are being asked to sign a statement, waiver, or severance agreement
• You believe the investigation is pretext to justify a decision that was already made
• The investigation involves allegations of harassment or discrimination, and you are concerned about how your statement will be presented or interpreted

When Attending Without an Employment Lawyer May Be Reasonable

Not every situation requires hiring a personal attorney. An attorney may not be required in situations that involve minor, routine matters, such as if you were a witness to a dispute between co-workers. You also may not need personal counsel if you are part of a union that provides a strong and experienced union steward, or if the HR investigation is a genuine fact-finding mission where the stakes are low and there is little risk of discipline or termination.

Nonetheless, even in relatively low-stakes situations with little risk of exposure, a brief meeting with an experienced attorney can help you understand your rights and ensure you do not overlook key details before the meeting.

How an Employment Lawyer Can Help

The experienced employment attorneys at Madsen, Prestley & Parenteau, LLC, can review the meeting request, advise you on how to answer questions truthfully without volunteering unnecessary information, identify whether the investigation itself may be discriminatory or retaliatory, and provide advice on questions that might cross into information that you should not disclose.

How to Prepare for an HR Investigation

Before meeting with the investigator, ask about the general subject matter and whether you are entitled to have a representative present. Review relevant information, such as emails, notes, text messages, or performance reviews. If the investigation involves allegations or charges, ask to receive the allegations prior to the interview, as well as any documents or information supporting the allegations, so that you are in a better position to respond. Remind yourself not to sign anything on the spot. Instead, ask for time to review to ensure you fully understand what you are signing.

Steps To Take After an Interview in an Internal Investigation

The period immediately after the interview is complete is critical for preserving legal claims and protecting your rights. Even if you did not meet with an attorney before the interview, meeting with one after the interview can ensure you take the steps necessary to protect your rights, such as identifying statutes of limitations and other filing deadlines.

Contact an Employment Attorney at Madsen, Prestley & Parenteau, LLC, Today

Seeking legal advice after learning you are being asked to participate in an HR investigation is not a sign of wrongdoing. It is about understanding the process and protecting yourself, your rights, and your future in a process that you do not control. The employment attorneys at Madsen, Prestley & Parenteau have offices in Hartford and New London, and proudly represent clients in employment matters throughout Connecticut. Contact us online or call 860-246-2466 to schedule a confidential consultation to discuss how we can assist you.