If an employee has the right to remain silent, what should they do if their company demands they take part in a workplace investigation? Can they refuse, or would that just lead to them getting fired? Wondering what the best move is here.
I think the right to remain silent is only for criminal cases, not really for work stuff. Refusing to help in a workplace investigation might lead to getting let go.
Arin said:
I think the right to remain silent is only for criminal cases, not really for work stuff. Refusing to help in a workplace investigation might lead to getting let go.
Yeah, that sounds right. The Fifth Amendment doesn’t really apply to jobs, only law enforcement.
@Marlowe
Got it. So, if you refuse to help in a work investigation, it’s basically risking your job?
Pretty sure if you’re in an ‘at-will’ state, they can fire you for almost any reason unless it’s something like discrimination.
Denny said:
Pretty sure if you’re in an ‘at-will’ state, they can fire you for almost any reason unless it’s something like discrimination.
Makes sense. So they could just fire someone for not cooperating without it being a legal issue?
Denny said:
Pretty sure if you’re in an ‘at-will’ state, they can fire you for almost any reason unless it’s something like discrimination.
Exactly. As long as it’s not based on race, age, or any protected category, they’re usually covered.
Honestly, might be best to cooperate unless you’re in a union or have special protections. Otherwise, you’re risking your job.
Sky said:
Honestly, might be best to cooperate unless you’re in a union or have special protections. Otherwise, you’re risking your job.
Good point. Sometimes it’s just easier to go along with it to keep your job safe.
If you’re worried about how they might twist your words, you could always ask if you can bring in an HR rep or someone else as a witness.
Teo said:
If you’re worried about how they might twist your words, you could always ask if you can bring in an HR rep or someone else as a witness.
That’s a smart idea. Having someone else there could help if things go sideways.
@Harlem
Didn’t even think of that. Having a witness might help keep things fair.
Honestly, it’s all about covering yourself. If you have any concerns, document everything and try to have someone else there with you.
Ezra said:
Honestly, it’s all about covering yourself. If you have any concerns, document everything and try to have someone else there with you.
Good advice. I’ll make sure to keep notes on anything that comes up. Thanks!