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myself and several other employees, we are all salaried, are

being questioned by our employers...
myself and several other employees, we are all salaried, are being questioned by our employers HR/LR department. I asked via email if they would tell me what this was in regards XXXXX XXXXX they replied that "No they could not". My "Interview" is tomorrow and just want to know if I have any rights that I should be aware of prior to attending my specified appointment time.
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Answered in 5 minutes by:
12/6/2012
TexLaw
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4,430
Experience: Contracts, Wrongful termination and discrimination
Verified
Hi,

Thank you for your question. Your situation is certainly nerve racking as your employer is leaving you in the dark as to what the interview will be concerning.

However, at this point, your employer has not done anything which triggers any legal rights. Michigan is an "at will" employment state which means that the employer has a right to terminate at any point for any legal reason unless you have a written contract which specifies the reasons for which you could be terminated. I bring this point up because it also grants your employer the right to withhold information from you at its choosing, including the subject of any sort of investigation.

There is no telling what the interview is concerning at this point and unless you are aware of something that is in violation of company policies or some illegal activity, then you should simply be prepared to answer questions.

Of course, this could also be the sign of a lay off as well. Hopefully that is not the case.

If it is regarding some kind of investigation, be prepared to be asked to sign either a new company policy document. If they accuse you of doing anything illegal, do not sign any documents.

Please let me know if you have further questions.

-ZDN
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Customer reply replied 4 years ago


couldn't refusing to sign such a document be an indication that I am being insubordinate or be cause for immediate termination? You mention about layoff, my company just finalized several seperation packages to individuals they had asked to leave, just last week. I am one of a handful of employees who hold invaluable training, experience but I do not think for one minute that I am NOT replaceable. I was not aware that there were others involved in this process as I was instructed to not discuss with other employees but word got out (people started talking) and I 've since come to know that the questions are not yes or no answers. Not sure what the line of questioning is still but thats what I know.

If they are accusing you of committing a crime or stealing from the company and ask you to sign a document that admits to that, then it is in your best interest to refuse to sign this, even if they end up firing you, unless they are going to promise you that you in writing that your employment will be continued.

It's impossible for me to tell you what they could want. And if you feel secure in your job, there's no reason to get worked up about the interview at this point, as it could simply be that they need you to sign a new company policy. Often these type of meetings are for new non-compete agreements or non-disclosure agreements.
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Customer reply replied 4 years ago

Interview is scheduled for only a half hour so I figure I'll try to shuck and jive for that long.

Most companies don't lay people off on Thursday (they do it on Friday), so I think you are probably just looking at some sort of change in policy that they need to tell you about.

Please remember to rate my services positively so that I will be paid for the website for my work on your answer. Please also feel free to write me back tomorrow if you have any further questions about what happened or need to know more.

-ZDN
TexLaw
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4,430
Experience: Contracts, Wrongful termination and discrimination
Verified
TexLaw and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 4 years ago


Oh, I will. I thank you for your frank and experienced answers and hope you are correct but I doubt it is about company policy but those do change regularly though we have a different format for acknowledging those changes. Would it be illegal for me to voice record my session unbeknownst to them? I can record via my cell phone without their knowledge.

No, it is illegal to surreptitiously record a conversation without the consent of all the parties involved in the conversation in Michigan.
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TexLaw
TexLaw
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Category: Employment Law
Satisfied Customers: 4,430
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Experience: Contracts, Wrongful termination and discrimination

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