Cabinet Makers Association
  • Who We Are
    • Contact Us
    • About Us
  • Membership
    • General Membership
    • Associates & Distributors >
      • Associate & Distributor Member Directory
    • Students & Instructors
    • Make a Payment
  • For Homeowners
    • Shop Finder
    • Cabinetry Buyer's Guide
    • Wood Diamond Awards
  • Events
  • News
    • PROfiles
    • Benchmark Survey
  • Forums

HR Question of the Month

3/10/2016

0 Comments

 

Should you share investigation files with suspended employees?

Question: I have an employee who was suspended for insubordination. He has requested that we interview the witness, which I had already done, and he would like to review. Am I required to share the statements/documentation with him?
 
Response: The employee is question is not entitled to review the employer's investigation file, including any witness statements, notes, or other documents that were relevant to, and made part of, the investigation and we do not recommend that the employer disclose the same. The investigative file should be kept separate from the personnel file and documentation and information contained therein is the property of the employer; absent a contract that entitles employees otherwise, it should not be subject to disclosure to the employee who was under investigation.
 
Certainly the employer can and should let an employee who has been the subject of an investigation know what the outcome of such investigation was, particularly if the outcome results in disciplinary action as to the employee in question (you indicate here that the employee was suspended so presumably he was already notified of the employer's action).  To the extent the employee in question asked the employer to include in its investigation an interview of a witness or co-worker who may have had additional information and the employer did so (and employers generally should meet with individuals identified as having relevant knowledge in any investigation), the employer is not required to let the employee know what transpired during that conversation (nor must the employer disclose any written witness statement or similar document).
 
If the employer's subsequent investigation caused it to revisit its disciplinary decision (suspension), of course it can and should let the employee know and then take whatever steps are necessary to rectify the matter (i.e., if the suspension was unpaid and the employer determined subsequently that such disciplinary suspension was inappropriately issued, it can always issue back pay to make the employee whole). On the other hand, if the employer did not learn anything from the witness who was interviewed that gave it any reason to revisit its decision, the employer is not required to do so, and can simply let the employee know that it has investigated the matter and that its original disciplinary decision stands. Beyond this, he is not entitled to know or see more relative to the employer's investigation, including meetings with and statements taken from witnesses.
​
© 2014 Advisors Law Group, All Rights Reserved
To learn more about the Federated Employment Practices Network®, contact your local Federated Marketing Representative, or visit www.federatedinsurance.com.
 
0 Comments

Your comment will be posted after it is approved.


Leave a Reply.

    News

    This section of our site contains industry news relevant to CMA members. 

    For consideration, you can submit a  press release to: 
    ​
    marketing@cabinetmakers.org

    Subscribe to our mailing list

    * indicates required

    Archives

    December 2020
    November 2020
    August 2020
    June 2020
    May 2020
    March 2020
    December 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    May 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017
    May 2017
    April 2017
    March 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016

    Categories

    All
    Education
    Events
    Newsletter
    PROfiles
    Webinars
    YouTube

    RSS Feed


Cabinet Makers Association
PO Box 888678
​Grand Rapids, MI 49588-8678
(616) 930-4610
  • Who We Are
    • Contact Us
    • About Us
  • Membership
    • General Membership
    • Associates & Distributors >
      • Associate & Distributor Member Directory
    • Students & Instructors
    • Make a Payment
  • For Homeowners
    • Shop Finder
    • Cabinetry Buyer's Guide
    • Wood Diamond Awards
  • Events
  • News
    • PROfiles
    • Benchmark Survey
  • Forums