A workplace investigation can happen at work at any point with very little warning. Even if you’re not the subject of an investigation, you might be called as a witness. Either way, it can be very unnerving to find yourself in a room with an investigator – even if you’ve done nothing inappropriate. What should you expect?
First, know that you have the right to have a union representative with you. This is known as your Weingarten Right, and while the employer will sometimes inform you of your right to union representation, they do not have a legal obligation to inform you. Let MGEC know what is going on! These meetings are a high priority for us, and we will work with you to make sure your side of the story is known to the employer.
Second, the employer will generally let you know whether you’re the subject of an investigation or a witness. In either case, you should do nothing less or more than offer direct answers to the questions. Answer the question that was asked. Do not offer any speculations and refrain from the impulse to fill in an awkward silence. And whatever happens, do not offer information that is not true. Many times, it isn’t the initial action that can cause a problem for an employee – it’s when the employer suspects the employee is being dishonest. Avoid inadvertently creating that impression! Employers know that their employees aren’t perfect, and resolving any errors and learning from them can be healthy.
What does a union representative do in an investigation? The role of a union representative is to make sure that any question the employer asks is clear and not abusive; to assist in making your answers clear and concise; and to have a record of the interview. Employer interviews aren’t like criminal interviews; employers have the right to ask their employees questions, and, in most cases, there isn’t anything resembling a 5th Amendment privilege. If there are any mitigating circumstances that can put an event into context, we will make sure the employer is aware of them. The union’s role is to ensure fairness in the process – nothing more, nothing less!