Your Rights in Workplace Investigation: Employment Lawyer Tips

Workplace investigations can be stressful and uncertain, especially when you're unsure of your rights. Whether you are the subject of an investigation or a witness, knowing what to expect and how to protect yourself is essential. In Ontario, workplace investigations often involve serious matters like harassment, discrimination or misconduct, and both employees and employers have specific rights and obligations.

This blog will guide you through your rights during a workplace investigation, common employer responsibilities, and why consulting an employment lawyer early in the process is often crucial.

What Triggers a Workplace Investigation?

Employers in Ontario are legally required to investigate complaints related to:

• Workplace harassment or violence, as mandated by Ontario’s Occupational Health and Safety Act (OHSA)
• Discrimination or human rights violations, under the Ontario Human Rights Code
• Employee misconduct, such as theft, dishonesty or violation of company policy

Investigations can be initiated by a formal complaint, a whistleblower report, or observed behaviour that raises concern.

Your Rights as an Employee During an Investigation

Whether you're the complainant, respondent or a witness, you have several key rights:

1. The Right to Representation

You can seek legal advice or have a representative, like a union rep or an employment lawyer, present during interviews. Many employees mistakenly believe they must face the process alone.

2. Confidentiality

Investigations should be conducted in a confidential manner. While complete secrecy isn't always possible, information must be shared strictly on a need-to-know basis.

3. Protection from Retaliation

Retaliating against an employee who participates in an investigation is illegal. If you experience reprisal,such as demotion, termination or workplace hostility, you may have grounds for a legal claim, including for wrongful dismissal.

Legal Obligations of Employers

Employers must handle investigations in a way that is:

• Prompt and thorough
• Fair and impartial
• Well documented, with outcomes and decisions recorded

Failure to comply can result in legal consequences, including penalties under OHSA or human rights legislation.

Common Types of Workplace Investigations

Harassment and Bullying

Harrassment and bullying are one of the most common triggers for a formal investigation. Employers must act immediately and appropriately.

Discrimination Complaints

These complaints are based on race, gender, age, disability or other protected grounds under the Human Rights Code.

Misconduct or Performance Issues

This occurs when an employee is accused of violating workplace policy or engaging in serious misconduct.

Mistakes Employees Commonly Make

Many employees harm their own case by:

• Speaking informally with HR without legal guidance
• Providing written statements without understanding the implications
• Believing they cannot challenge the process or outcome
• Failing to document their own evidence or communications
• Not contacting employment or wrongful dismissal lawyers soon enough

These missteps can jeopardize your position, especially if the investigation leads to termination.

How Can an Employment Lawyer Help?

Navigating a workplace investigation can be daunting. Aaron Waxman and Associates, P.C. provides extensive legal services in employment law, helping clients across Ontario protect their rights during every phase of a workplace investigation.

We assist clients by:

• Advising on your rights and options before and during interviews
• Reviewing and preparing your statements
• Ensuring employers comply with procedural fairness
• Representing you in claims related to wrongful dismissal or retaliation

If you've been subject to or affected by a workplace investigation, don’t wait. Our team is here to ensure your voice is heard and your rights are upheld.

Conclusion

Being involved in a workplace investigation doesn’t automatically mean you’ve done something wrong. However, the consequences can be significant if you’re not properly informed or represented. If you're facing an investigation, protect your future by consulting an experienced employment lawyer who understands Ontario’s legal landscape.