How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JBaxLaw Your Own Question

JBaxLaw
JBaxLaw, Employment Lawyer
Category: Employment Law
Satisfied Customers: 11313
Experience:  Government and private sector employment law experience
16110456
Type Your Employment Law Question Here...
JBaxLaw is online now
A new question is answered every 9 seconds

what rights do employees have when being investigated by HR

Resolved Question:

what rights do employees have when being investigated by HR when the employee doesn't feel they have done anything wrong but they aren't being heard. This is over two recorded phone calls where I am in a position to talk with other employees about infractions. There was no name calling. I wasn't happy, but they obviously were in trouble and stood to receive disciplinary action, possibly could be terminated. I did not threaten that. I feel they have gone to HR to avoid discipline, and it appears it may be working. I am a chief compliance officer for a bank broker dealer. I have been with the bank for 26 1/2 years.
Submitted: 3 years ago.
Category: Employment Law
Expert:  JBaxLaw replied 3 years ago.
Chat Conversation Started
AttorneyJohnJ :

hello

AttorneyJohnJ :

Hi

AttorneyJohnJ :

Do these employees have contracts?

Customer :

hello

AttorneyJohnJ :

Or, as I think you are inquiring about your rights to this information, do you have an employment contract?

Customer :

only non compete agreements they are investment counselors

AttorneyJohnJ :

Okay.

Customer :

no

AttorneyJohnJ :

Unless an employee has an employment agreement stating otherwise, the employee is not entitled to this information.

AttorneyJohnJ :

I think you are inquiring if an employee is entitled to information or documents concerning human resources investigation or discipline?

Customer :

not entitled to what information? are we on the same page? these were calls i had with these people they reported me to hr because they thought i was too rude

AttorneyJohnJ :

You asked "what rights do employees have when being investigated?" I thought you may be inquiring if you are entitled to information pertaining to the investigation.

AttorneyJohnJ :

Please let me know what rights you are inquiring about.

AttorneyJohnJ :

I appreciate your patience.

AttorneyJohnJ :

It appears that you are an "at will" employee. The most important aspect of that type of an employment relationship is that an employer may terminate employment with no cause.

AttorneyJohnJ :

As such, the "at will" employee's rights are limited.

AttorneyJohnJ :

There are exceptions of course.

Customer :

no i wassaying that i don"t believe I am getting fair consideration. hr is not listening to the facts that led up to the calls they are focusing on the calls and it appears they are trying to hang me

AttorneyJohnJ :

I see.

Customer :

in other words should i hire an attorney to speak on behalf, will i be heard if i were to do that or wait it out

AttorneyJohnJ :

Anti-discrimination laws are the only aspect of employment legally mandating fairness. Generally, an employer may be unfair if it choose. Most do not treat employees fairly as it creates a lack of trust and problems for the employer/

AttorneyJohnJ :

You should write your position down and submit that to the human resources manager.

AttorneyJohnJ :

Be persistent.

AttorneyJohnJ :

Hiring an attorney may be of little use in an at-will situation as the employer still has no obligation to be fair. But, it may be wise to have an attorney examine employment memos, policies and other documents looking for statements that may arguably take this out of the "at will" realm or provide you legal recourse here.

Customer :

i did that and so far i have not gotten anywhere. this is a 26 year career i am a chief compliance officer in the securities industry i can't always be sweet and nice

AttorneyJohnJ :

A human resources department may view obtaining representation as a hostile action so you will need to weigh the issue. If you feel termination is likely then you should obtain an attorney to assist you.

AttorneyJohnJ :

Thank you

Please click on the ACCEPT button for my answer so that I receive credit for assisting you. You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated.



JBaxLaw, Employment Lawyer
Category: Employment Law
Satisfied Customers: 11313
Experience: Government and private sector employment law experience
JBaxLaw and 8 other Employment Law Specialists are ready to help you
Expert:  JBaxLaw replied 3 years ago.
What Happens Now?

Your chat has ended, but you can still work with your Expert to get an answer to your question if you have not yet received one.

Come back to this page at any time to see additional information from your Expert.  You will also receive an email when your question is updated.  If you want to send a message to your Expert, use the box below.

If you have already received a satisfactory answer to your question, click the Accept button above.  Experts are credited for each accepted answer they provide.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.