You've just received the email or phone call that every employee dreads. Human Resources or an outside attorney wants to schedule an interview with you as part of a workplace investigation. You're told that a complaint has been made, that the company takes these matters seriously and that your cooperation is expected.
But when you ask the obvious question of what you have been accused of, you're met with vague references to "concerns" or "allegations" or told that the details will be discussed during the interview itself.
This is one of the most frustrating and anxiety-inducing situations an employee can face. As a Pittsburgh employment attorney who has guided many clients through workplace investigations, I can tell you that being expected to defend yourself without knowing the allegations against you is more common than you might think. Knowing how to respond can make a significant difference in the outcome.
Employers and their investigators often justify keeping accused employees in the dark on several grounds. They may argue that providing details in advance would allow you to fabricate a story, coordinate with witnesses or tailor your responses to fit a particular narrative. Some investigators believe that surprise questions yield more honest answers, catching inconsistencies that might reveal deception.
There's also a protective instinct at play. The complainant may have requested confidentiality, and the company may worry that providing too many details would effectively reveal the complainant's identity, potentially exposing them to retaliation.
From the company's perspective, these justifications may seem reasonable. But from your perspective as the accused, being kept in the dark creates profound disadvantages. You cannot gather relevant documents, identify witnesses who might corroborate your account, or even search your memory effectively without knowing what time period, what interactions or what type of conduct is being scrutinized.
Here's an important truth that many employees don't realize: while there is no universal legal requirement that employers provide detailed allegations before an investigation interview, you are not without recourse.
First, you can ask. Before the interview, submit a written request to Human Resources or the investigator asking for sufficient detail about the allegations to allow you to prepare a meaningful response. Frame this not as an obstruction but as a reasonable request that serves the investigation's truth-seeking function. Point out that you want to be helpful and thorough, but you cannot effectively search your memory, gather relevant documents or identify potential witnesses without understanding what conduct is at issue.
Some employers will respond to this request, at least partially. Others will refuse. But making the request creates a record that you sought to participate meaningfully and were denied the information necessary to do so. This record could become important later if the investigation's conclusions are challenged or if you need to consult with an employment attorney about wrongful termination.
Second, understand that certain legal frameworks may provide greater protections. If you are a union member, you likely have Weingarten rights that include the right to know the subject matter of an investigatory interview. If you work in the public sector, due process protections may apply, particularly if the investigation could lead to termination. Pennsylvania public employees facing discipline may have additional procedural rights that a knowledgeable Pittsburgh employment lawyer can help you assert.
When you cannot obtain specifics about the allegations, preparation becomes both more difficult and more important. You must prepare broadly while remaining flexible enough to respond to whatever emerges during the interview.
Start by conducting a thorough review of your recent workplace interactions. Think carefully about any colleagues, subordinates, or supervisors with whom you've had conflict, tension, or even just awkward moments. Consider whether there have been any conversations that could have been misunderstood, any jokes that might have landed poorly, any physical contact that could be characterized as unwelcome, or any comments about protected characteristics like race, gender, age, religion, or disability.
Review your emails, text messages and any other written communications with coworkers. Look for anything that might appear problematic when read out of context or through an unsympathetic lens. This exercise serves two purposes: it may help you anticipate what the complaint involves, and it ensures you won't be surprised by documents the investigator has already obtained.
Think about your management decisions if you supervise others. Have you recently given critical feedback, denied a request, issued discipline, or made decisions about assignments, promotions, or scheduling that might have upset someone? Retaliation claims often piggyback on underlying discrimination or harassment complaints, and what feels to you like legitimate management may feel to someone else like punishment for raising concerns. An employment attorney can help you understand how these dynamics might play into the investigation.
Consider also whether there are witnesses who could support your account of events (whatever those events turn out to be). Colleagues who were present during relevant interactions, who can speak to your character and professionalism, or who have observed the complainant's behavior may become important as the investigation progresses.
When the interview arrives, you will finally learn what you're accused of. This moment requires careful navigation.
Listen attentively as the investigator describes the allegations. Take notes if permitted. Make sure you understand exactly what conduct is being attributed to you before you begin responding. If something is unclear, ask for clarification. If the allegations are described vaguely, ask for specifics: What did I allegedly say? When did this allegedly occur? Who was present?
Once you understand the allegations, take a moment to collect your thoughts before responding. You are not required to answer instantly. If you need a brief break to gather yourself, request one. The goal is to provide accurate, thoughtful responses.
Tell the truth. This may seem obvious, but it bears emphasis. Investigators are experienced at detecting inconsistencies and evasions. Lies or half-truths, even about peripheral matters, can destroy your credibility and become independent grounds for discipline. If you did something wrong, the cover-up is often worse than the underlying conduct.
At the same time, answer the questions that are asked rather than volunteering information beyond what's requested. Nervous employees often talk too much, filling silences with tangents and admissions that go far beyond what the investigator was seeking. Listen to each question carefully, provide a responsive answer, and then stop.
If you genuinely don't remember something, say so. If you don't know something, say that too. But be cautious about overusing these responses in ways that seem evasive. Investigators are alert to selective memory.
Where your recollection differs from what the complainant allegedly reported, say so clearly and explain the basis for your account. If there are documents, witnesses, or other evidence that support your version, identify them. The investigator may not follow up on these leads, but you've at least put them on record.
Many employees wonder whether they should have an attorney present during an investigation interview. The answer depends on several factors, including the seriousness of the allegations, your employer's policies, and the potential consequences you face.
In most private-sector employment situations, you do not have a legal right to have counsel present during an internal investigation. However, many employers will permit it if you ask, particularly when the allegations are serious. Having an employment attorney present can help ensure the interview is conducted fairly, provide you with a witness to what was said and give you access to legal advice during breaks.
Even if your attorney cannot be present, consulting with a Pittsburgh employment lawyer before the interview can be invaluable. An experienced employment attorney can help you understand your rights under Pennsylvania and federal law, prepare for likely questions, think through your responses to the allegations, and develop a strategy for protecting your interests throughout the investigation process.
This is particularly important if the allegations could lead to termination or if you believe the investigation itself may is pretextual because the company has already decided to fire you and is simply building a paper trail to justify the decision.
Once the interview concludes, write down everything you remember as soon as possible. Document the questions that were asked, the answers you gave, and any concerns you have about how the interview was conducted. If you realize after the fact that you misspoke, forgot something important, or want to provide additional context, consider submitting a written follow-up to the investigator.
Understand that the investigation may continue for some time, and the conclusion is not predetermined. Your conduct during and after the interview matters. Avoid any contact with the complainant that could be characterized as retaliatory. Do not attempt to influence witnesses. Continue performing your job professionally.
If the investigation results in discipline or termination that you believe is unjust, consult with an employment lawyer promptly. Pennsylvania employees may have claims for wrongful termination, discrimination or retaliation depending on the circumstances. There are deadlines for bringing such claims, so prompt consultation with a Pittsburgh employment attorney is essential.
Being accused of workplace misconduct is stressful and frightening, particularly when you're denied the basic information necessary to mount a defense. But with careful preparation, honest participation and appropriate guidance, you can navigate this process while protecting your rights and your reputation.
If you are facing a workplace investigation in Pittsburgh or anywhere in Pennsylvania and need guidance on protecting your rights, the employment lawyers at the Lamberton Law Firm are here to help. Our experienced employment attorneys have helped many employees navigate workplace investigations and protect their careers. Contact us today for a confidential consultation.