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JBaxLaw
JBaxLaw, Employment Lawyer
Category: Employment Law
Satisfied Customers: 11396
Experience:  Government and private sector employment law experience
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what rights do employees have when being investigated by HR

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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: 6 years ago.
Category: Employment Law
Expert:  JBaxLaw replied 6 years ago.
Chat Conversation Started
AttorneyJohnJ :

hello

AttorneyJohnJ :

Hi

AttorneyJohnJ :

Do these employees have contracts?

JACUSTOMER-n28vmaua- :

hello

AttorneyJohnJ :

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

JACUSTOMER-n28vmaua- :

only non compete agreements they are investment counselors

AttorneyJohnJ :

Okay.

JACUSTOMER-n28vmaua- :

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?

JACUSTOMER-n28vmaua- :

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.

JACUSTOMER-n28vmaua- :

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.

JACUSTOMER-n28vmaua- :

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.

JACUSTOMER-n28vmaua- :

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.



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