There's a rumor going around the office that there is a sexual harassment investigation happening, however no one knows who it is about. Can our company keep this information from us? Do I have the right to know if this investigation is about me?
There is no prohibition that I am aware of that an employer must tell all employees or the target of the investigation that they are investigating an allegation of misconduct. You should consult your employee handbook and I would suggest that you contact an employment law attorney in your location if you feel that you may be the target of this investigation.
If this information has been helpful, please indicate below. I hope my information is helpful to you. If you think this post was a good answer, please click the "Good Answer" button below and/or designate my answer as the "BEST ANSWER". Thanks. This is a general response to a question for basic information and is not legal advice. Legal advice can only be given when all of the facts of your situation are discussed with a lawyer, which we have not done.. If you reside outside the State of Texas please understand that the laws may be different from the laws that I may cite in a my comment. This comment is not to be construed as legal advice to your particular situation because there are many factors that influence legal counseling- this is simply a comment. Response to an email does not create an attorney-client relationship between you and the Law Offices of Kevin R. Madison, P.C., nor any of its attorneys. If you send us an e-mail, or call us, and we do not already represent you, neither your e-mail inquiry nor telephone call will create an attorney-client relationship. E-mails cannot necessarily be treated as privileged or confidential. Only entering into a written legal services contract with the Law Offices of Kevin R. Madison, P.C. will create an attorney-client relationship. There is no substitute for one-on-one legal advice and you are urged to meet with an attorney and discuss your case, personally, with an attorney in the state in which you reside or your case occurred. Thank you. Kevin R. Madison. Visit our website at www.kevinmadison.com and www.texassexualharassmentattorney.com. Kevin Madison, Austin, Texas- representing injured persons in motor vehicle collision, truck and motorcucle accidents and representing victims of sexual harassment, sexual assault, sexual abuse, physical assaults, and representing victims of sexual exploitation committed by doctors, therapists, psychologists, psychiatrists, clergy, counselors, priests, and rabbis. Visit our sexual harassment/sexual exploitation blog at http://texassexualharassmentattorney.com/blog/
Yes, it can be kept from the employees.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
You have no rights to information about any pending investigation by your employer. That is true even if you are the target and it is also true if you are the complainant (who caused the investigation) or just a potential witness. And it will still be true when the investigation is concluded and if a result is implemented.
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.
Sexual Harassment Attorney
If you are the subject of the investigation, the employer must ensure that you have a meaningful opportunity to tell your side of the story. Otherwise, the impartiality and thoroughness of the investigation may be perceived as suspect (and you may have legal recourse if there's an adverse employment action taken against you as a result). If you are not a subject (and not a potential witness with first-hand information regarding the reported allegations), then you generally have no legal basis to know what is going on. (Although there may an instance in which the subject of the investigation's mere presence in the workplace poses a threat to other employees--perhaps because this person has sexually assaulted certain employees and this has been substantiated by video surveillance. In this case, the employer may have a legal duty to warn you and / or--more likely--to remove the offending individual from the workplace.) Aside from the above, you should know that employers conducting workplace investigations try to maintain the confidentiality of reported allegations as best as they can (by disclosing information on a need-to-know basis only); this is to ensure the investigations are effective, credible.