HR investigations can be complicated and emotional situations. As they unfold, tensions can often get high as HR investigators dissect sensitive subjects with employees. Under these stressful conditions, it is important to remember that the company has an inherent responsibility to protect employee rights in an HR investigation.
Explore the implications of those rights and why upholding them is so important.
The Importance of Preserving Employee Rights
There are important legal and business reasons to protect an employee’s rights during the HR investigation process, including costly litigation and implications for long-term employee morale.
Legal Protections
In addition to federal laws, many states have laws in place that protect employees from:
- Retaliation
- Harassment
- Unfair labor practices
Failure to observe these protections can result in substantial financial penalties, grievances, union arbitration, or major lawsuits.
Business Responsibilities
When an employee starts a job, they often have to agree that they will uphold the company’s code of conduct. The promise of working with ethics and values in the code is one that the company makes to its employees as well.
If the company were to not follow the code and infringe on their employee’s rights, they would do serious damage to their reputation and lose their employee’s trust. This can have a long-term effect on morale and productivity.
5 Employee Rights During an HR Investigation
These are the 5 key rights that an employee should be afforded during an HR investigation.
1. The Right to Be Informed
An employee should not be surprised by an HR investigation. As an HR investigation begins, an employee has the right to know:
- An investigation has been started
- What the investigation is about
- How the HR investigation process will proceed
Maintaining a level of transparency about the investigation helps employees understand the expectations for their role in the process.
2. The Right to Fair and Impartial Treatment
The HR investigation process should be fair and unbiased for everyone involved. To ensure that this happens:
- Investigators should have no prior biases or conflicts of interest around the subjects of the investigation.
- Employees should be able to present their version of events freely and without prejudice.
3. The Right to Confidentiality
Any HR investigation should provide all participants with a promise of confidentiality. This protects the privacy of everyone involved and gives employees the confidence to speak freely.
While confidentiality is one of the important employee rights during an HR investigation, it is not absolute. Before you begin asking an employee any HR investigation questions, they should be made aware that you could be required to disclose anything that might otherwise create a legal or regulatory issue.
4. The Right to Protection Against Retaliation
The Fair Labor Standards Act (FLSA) prohibits a company from retaliating against an employee who participates in an HR investigation.
Retaliation can take many forms:
- Loss of a job
- Reassignment/Transfer
- A drop in salary
- Reduced hours
- Verbal abuse
Employers must ensure that neither the company nor any individual employee participates in any retaliation efforts.
5. The Right to Be Informed of the Outcome
When an investigation concludes, the participants have a right to know what the outcome was. While the full details of the investigation report do not need to be shared, employees have the right to know the general outcome of the investigation and what the next steps will be.
Discover How HR Case Management Software Can Protect Employee Rights
It is essential for HR professionals to uphold employee rights during an HR investigation. Doing so ensures that the company meets legal guidelines and maintains trust within the organization.
By treating employees fairly and transparently, HR can:
- Foster a positive workplace culture
- Encourage cooperation in investigations
- Uphold the organization’s integrity
In doing so, HR professionals not only protect the company from legal challenges but also contribute to a more respectful and effective workplace.
Schedule a LaborSoft demo today to see how our HR case management platform can help you keep information more organized, your timelines on track, and better safeguard your employees’ rights during an HR investigation.
