Can work investigate me without knowing?

Covert monitoring means monitoring that is deliberately carried out in secret, without the knowledge of the staff who are being monitored. Covert monitoring is very difficult for an employer to justify, and should only be used in exceptional circumstances.

Do you have a right to know during an employee investigation?

You don’t know what you don’t know until you start the investigation. Move quickly but also carefully. No one size fits all in terms of how much time is needed for a thorough investigation. If I go to HR to corroborate a story (as part of an investigation), do I have a right to know what’s going on?

How can I find out if I am being investigated at work?

give you clear information about the allegations of misconduct that have been made against you (like what they say you said or did, to whom, when and where) choose someone independent to conduct the investigation.

What should be included in a workplace investigation?

Document the investigation. Once your investigation is complete, you should write an investigation report that explains what you did and why. This will not only give the company some protection from lawsuits relating to the investigation, but will also provide a written record in case of future misconduct by the same employee (s).

Does the employee know that the document will be filed in a personnel file?

Does the employee know and understand that the document will be filed in his or her personnel file? In most cases, employers ought to have the employee sign the document, not to signify agreement with the contents of the document, but to acknowledge that they are aware of and have read the document.

Can a company talk about an employee investigation?

This is why it is recommended to keep information relating to investigations in a separate investigations file. Under no circumstances should an employer allow an employee under investigation to be talked about in ways that could generate defamation liability for the company.

What to look for in a workplace investigation?

While conducting a workplace investigation, you must balance the need to be thorough with the need to keep the investigation as nonintrusive and respectful of your employees’ privacy as is appropriate for the situation.

Are there any privacy issues in workplace investigations?

Privacy Issues in Workplace Investigations Other Legal Issues Associated with Investigations Methodology for Investigations Putting It All Together Sooner or later, every employer will face the need to investigate one or more of its employees.