In this blog, an experienced Orange County employment lawyer explains what you and your attorney can do to contest an investigation by a former employer.
You should take no part, for the following reasons:
- You are not required to do so, and the investigation is certainly not being held for your benefit. The employer’s intention in pursuing this course is to safeguard the company’s interests and obtain information from you; and
- Further, for you to have to endure an employer’s interview brings the whole traumatic experience back, and to have to go though it two more times during deposition and cross-examination is unreasonable.
Exception to the Rule: Interviews
If your Orange County employment attorney is able to negotiate an agreement with the opposition such that each side may interview the other’s employees and clients, then your participation in such an interview may be appropriate.
Exception to the Rule: an Unbiased Investigation
If your Orange County employment attorney is certain that the investigation conducted by the employer is fair and without prejudice, he may be willing to allow you to take part. The investigation must conform to the following:
- All privileges are relinquished by the employer prior to commencing the procedure;
- The investigator is chosen by consensus of all involved personnel and communications are kept open; and
- All information unearthed in the investigation and all reports are made equally available to all personnel.
Unless the investigation meets all of the above, it is not impartial and for you to take any part is inadvisable.
Protect Yourself and Your Rights
Don’t face an employer investigation without a skilled, experienced Orange County employment lawyer to fight for you. Contact Daily Aljian LLP by calling 949-861-2524 today.