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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18862
Experience:  Employment/Labor Law Litigation
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Just notified that a grievance was filed by an employee I

Customer Question

Just notified that a grievance was filed by an employee I supervise for creating for him a hostile workplace. I am on paid admin leave for one week, investigation instructions are that I meet with company attorney conducting investigation on Tuesday (possibly), investigation to be concluded within 5 working days. This is not related to any particular discrimination class such as race,sex, etc. He was employed approx. 8 months ago, hired him with no prior experience in this field to "give him a chance" to see what he could do (this is in the IT field). The only things I am aware of are managerial type conflicts, such as my asking "where is the paperwork for the completed task" or making comments in general such as "oh geez, that is the 15th time that employee needed to be trained, what a hassel". He is easily offended when one of his suggestions is not accepted by me as an IT solution. Do I have a right to have personal representation at the initial investigation interview ? Or would this be perceived that I believe I am guilty of something (I know I am not). Should I not seek an attorney prior to meeting ? I have only Monday to attempt to locate an attorney before a proposed Tuesday meeting.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

This sort of internal investigation isn't a "due process" situation, like a court appearance is. As such, you aren't legally entitled to representation. You can certainly hire an attorney and refuse to cooperate with the investigation unless your attorney is present, but because it's not a court they can just do the investigation without your input and reach their own decision without the attorney you hire ever having a forum to speak before.

So really, there isn't much value here in trying to obtain an attorney before the hearing, because unless they agree to allow you to bring one (exceedingly unlikely), the hearing is going to either happen with you alone or without you.

The time to speak with an attorney would be after the resolution of this situation if it is not favorable, so as to figure out if you have a breach of contract claim.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 1 year ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.