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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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In an investigation interview with an employer can the interviewer

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In an investigation interview with an employer can the interviewer (male) be alone in a room with a female and yelling at her in a way to force her to say what he wants to hear?

Can HR representative tell the employee exactly what to write on the statement?

What can an employee write on a statement when forced to do so under duress?
Hello again and thank you so much for your new question.

There is nothing inherently illegal about a male interviewer being alone with a female employee yelling at her. Few laws govern employment relationships and mean or aggresive behavior is prohibited by law only if the behavior relates to gender or some other legally protected trait, such as race or religion (e.g. telling "cat calls" at a woman or using racial slurs).

Internal investigations such as what you are describing are not regulated by law, and there is one simply reason why--employers already have virtually unfettered discretion to impose whatever disciplinary action, up to and including termination, that the desire without regard to what is fair or what the employee admits. This freedom in mind, it is legally inconsequential what an employee "admits" to in a written statement or whether the employee is guided in terms of what they write.

I am truly sorry that I don't have more favorable information to provide you, but you are here for accurate information about the law and it would be a tremendous disservice if I were to mislead you for the sake of providing good news. The reality here is that an employee does not enjoy any protection under the law from the sorts of behaviors you have described.

If you would like to talk about this in more detail or you have any additional related questions, please do not hesitate to let me know. I am not done assisting you until you are absolutely satisfied with my service.
Patrick, Esq. and other California Employment Law Specialists are ready to help you

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