Q: Can HR force me into investative interviews without telling me what I'm accused of?
I feel like I cannot defend myself if they are able to surprise me with accusations, since all their accusations have been false. Do I have any right to know what I'm facing before they start questioning me?
A: You can be terminated for failure to participate in the investigation.
A:
In California, while your employer has the right to conduct investigative interviews regarding workplace issues, there are guidelines they should follow to ensure fairness and transparency. Ideally, you should be informed of the nature of the accusations against you prior to the interview. This is to ensure you have an opportunity to prepare and defend yourself appropriately.
However, there isn't a strict legal requirement for employers to disclose all details of the accusations before an investigative meeting. Sometimes, employers may withhold specific details to prevent tampering with the investigation. But generally, you should at least be given a basic understanding of the issues being investigated.
If you feel that the accusations are false and the investigation process is unfair, you might want to document your concerns and the details of the meetings. Keeping records can be helpful if you need to take further action, such as filing a complaint with the California Department of Fair Employment and Housing (DFEH) or seeking legal advice.
If you're a member of a union, you may also have additional rights under your collective bargaining agreement. In such a case, it might be beneficial to discuss the situation with your union representative.
Remember, while participating in the investigation is typically required, you also have the right to be treated fairly. If you believe your rights are being violated, consider consulting with an attorney to understand your options and protect your interests.
A:
Your employer has the right to speak to you about anything related to the workplace. You have the right to refuse. If you do, the employer has the right to discipline or terminate you. If the allegations against you relate to criminal activity, you should seek advice from a criminal defense attorney before deciding to participate in the investigation.
Good luck to you.
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