When to suspend an employee pending an investigation?
Guidelines. Suspension pending investigation is considered when: an employee’s continued attendance in the workplace may hinder the investigation; the employee’s continued attendance presents a risk to the employee or others; or when the alleged actions interfere with the mandate of the Department, Board or Agency or Government,…
Where do you sit during a workplace investigation?
In a typical interview situation, the investigator will want to sit behind a desk or in a chair, facing the door that is the exit for the office. The employee being interviewed should sit with his or her back to the exit door and, if necessary, be reassured that they will not be kept from leaving.
Can an employer conduct an in-house investigation?
An employer may conduct an investigation in-house or may hire an outside investigator. If an employee is a member of a union, or if other special circumstances apply, there are additional procedures that must be followed. In general, however, discretion is allowed, so long as the investigation is conducted in good faith.
Can a suspended employee be sent home from work?
One way to do that of course, is to send one home. So, can you suspend the accused while you conduct the investigation, and in that context, the reality is yes, in most cases you can. It’s not disciplinary, it’s administrative. So it’s critical to understand that difference.
Are there any cases of employees being suspended during investigations?
One recent case that addressed the issue of suspensions during investigations, is Filice v. Complex Services Inc. This involved a security shift supervisor at a casino. In that case, the Alcohol and Gaming Commission Enforcement Unit found discrepancies regarding lost and found logs, involving that employee’s entries.
An employer may conduct an investigation in-house or may hire an outside investigator. If an employee is a member of a union, or if other special circumstances apply, there are additional procedures that must be followed. In general, however, discretion is allowed, so long as the investigation is conducted in good faith.
One way to do that of course, is to send one home. So, can you suspend the accused while you conduct the investigation, and in that context, the reality is yes, in most cases you can. It’s not disciplinary, it’s administrative. So it’s critical to understand that difference.
What to do when you are being investigated at work?
But, you would want to understand the context of the complaint to be able to defend yourself. So ask for as many details as possible. If you are able to gather eye witnesses or show documented email trails, make your case. Be completely truthful and cooperate during the investigation.