There is an on going investigation, where other employees have been interviewed by an untrained investigator, yet I have not been interviewed to voice my side of whatever the allegations are, what are my legal options if any.
In private employment, there is no such thing as due process rights, unless called for by a union contract. This means that employees who are being investigated for alleged misconduct do not have a right to know what they are being accused of, do not have a right to confront their accusers and employers do not have to prove the employee is guilty of the accusation. Most employment is terminable at the will of either the employer or employee, which allows either party to terminate the relationship whenever they want to for almost any reason, not prohibited by law.
About all you can do is not interfere with the investigation and, if and when called upon, be as cooperative and forthright as possible to enable the fact-finder to get to the truth. If you need more specific advice on how to handle the situation, consult with an experienced employment law attorney in your area.
They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion based on very limited information. My opinion should not be taken as legal advice. For true advice, we would require a confidential consultation where I would ask you questions and get your complete story. This is a public forum, so remember, nothing here is confidential. Nor am I your attorney. I do not know who you are and you have not hired me to provide any legal service. To do so would require us to meet and sign written retainer agreement. My responses are intended for general information only.
I agree with Mr. Kirschbaum. Employees have very few rights in the workplace, unfortunately. Please see my guide to at-will employment in California which should help you understand your rights now and in the future: http://www.avvo.com/legal-guides/ugc/a-short-summary-of-california-at-will-employment.
*** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***
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