Published on June 23rd, 2015 by Alan L. Sklover
“He who asks questions cannot avoid the answers.”
– Cameroon Proverb
ACTUAL “CASE HISTORY”: Celeste was at the end of her rope. For 12 years she had worked as a Senior Sales Manager for a large handbag manufacturer, and had risen over time in title, responsibilities, and compensation. To say that she was highly regarded and universally admired by all who she worked with would be an understatement.
Recently, though, her employer instituted a new policy: all Purchase Orders had to be reviewed by Divisional Sales Managers for “accuracy.” Celeste was puzzled because she had never, in her 12 years, heard of “inaccuracy” in the Purchase Orders she submitted, or those submitted by anyone else. Not once. Regardless, she complied.
Shortly after, Celeste began to notice that Purchase Orders were being “corrected” by increasing the sales price by a few percent, and decreasing the large-order discounts applicable to those sales. Worried about customer complaints, Celeste inquired about the “corrections” with her Manager; she was told that it was not her job to manage her Manager.
Sensing that something was not right, Celeste called the (supposedly) confidential “Integrity Hotline” telephone number in her Employee Handbook, and left a message questioning the new “corrections” policy. Within two days, Celeste received an email from General Counsel’s office to requesting that she attend a meeting with an Outside Legal Counsel without being told the purpose of the meeting.
Celeste sensed that she had better “play” this carefully, and that this could come back to “haunt” her in one way or another. And, so, she called us for a consultation. It was good that she did, because the “meeting” was to investigate her — and her “false allegations.”
LESSON TO LEARN: At work, every now and then someone finds it necessary to question, object, or complain about something that is simply does not seem right, legal or tolerable. It could be workplace violence, a danger to health or safety, illegal behavior, bullying, harassment, discrimination, retaliation or any number of other things.
Whether it is you who filed the complaint or someone else, you might be called in to answer questions of an investigator from (a) Human Resources, (b) Employee Relations, (c) internal legal counsel, (d) outside legal counsel, or (e) some combination of these people.
Most importantly, you need to understand that, as an employee, you have an obligation to cooperate in any investigation, whether or not you believe it affects you and whether or not you want to.
But questions remain, most commonly (1) “How should I prepare?”, (2) “What should I do or say?”, (3) “Can I bring a lawyer with me?” and (4) “Could I be hurt in some way by what I say?” Because your job and career might be on the line, it is unquestionably a stressful and tricky situation.
WHAT YOU CAN DO: Based on our many years assisting in such matters, here is what we advise our clients:
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