Your Rights During a Workplace Investigation in Maryland—What Employees Should Expect

If you are facing a workplace investigation in Maryland, it is important to ensure that you have a clear understanding of your legal rights. While employers in the private sector generally have the right to conduct investigations and make employment-related decisions as they deem necessary, there are limits to what companies can do. Here is a brief overview of what you need to know in this situation from Maryland employment attorney Jay Stafford and his team.

5 Key Legal Rights Employees Have During Workplace Investigations in Maryland

All employees in the private sector have certain legal rights. When you are facing a workplace investigation, it is important to make sure you know how to assert your legal rights effectively—and that you know how to take legal action when warranted.

Here are five key legal rights employees have during workplace investigations in Maryland:

1. The Right to Ask Questions

While you can expect to be asked questions during your company’s investigation, you have the right to ask questions too. Your company doesn’t necessarily have to answer all of your questions, but generally speaking, you can’t be punished for asking questions such as:

• What is the company investigating?
• What triggered the investigation?
• What have I been accused of (if anything)?
• What risks am I facing?
• Can I talk to an attorney before I answer any questions?

If you ask to talk to an attorney, many companies will give you the opportunity to do so. But, since you aren’t dealing with the government, you can’t assert your right to counsel or your right to remain silent like you could if you were facing criminal charges. If you are not afforded the opportunity to speak with an attorney immediately, you should contact an attorney as soon as possible (more on this below).

2. The Right to Refuse to Answer Questions

During your company’s investigation, you may be asked a wide range of questions. You are not legally required to answer any of these questions, though it is important to keep in mind the at-will nature of employment in Maryland. If you are an at-will employee, your employer can terminate your employment for any lawful reason or no reason at all—and this means that if you refuse to cooperate with a workplace investigation, there is a chance that this could put your job at risk.

At the same time, disclosing certain information could put your job at risk as well, and you should not make any assumptions or guesses. This can be a delicate situation, so it is important to rely on the advice of an experienced Maryland employment attorney if possible.

3. The Right to Protect Your Private Data and Information

While companies have broad rights to conduct workplace investigations, they do not have the right to invade your privacy. This means that your company cannot force you to provide access to a personal device (though exceptions may apply to a personal device used for work), and your company cannot ask for any personal, health, or financial information that it could not ask for under other circumstances. Your company cannot force you to waive your rights, and, in this scenario, taking adverse employment action based on your decision to refuse to answer questions could constitute unlawful retaliation.

4. The Right to Be Free From Harassment and Discrimination

Along with the right to be free from retaliation, you also have the right to be free from harassment and discrimination during (and after) your company’s workplace investigation. Among other things, this means that your company cannot harass you in an attempt to force you to answer any questions, and your company cannot take adverse employment action based on any protected characteristics. Even if your company uncovers information that justifies adverse employment action, if this is nothing more than a pretext for a discriminatory firing, you may still have grounds to take legal action.

5. The Right to Legal Advice and Representation

As an employee in Maryland, you have the right to seek legal advice and representation when necessary. Your company cannot prevent you from talking to an attorney during (or after) a workplace investigation. If you are facing an investigation, there are several important ways an experienced Maryland employment attorney will be able to help you in this scenario, and we strongly recommend speaking with an attorney as soon as possible.

Schedule a Confidential Consultation with a Maryland Employment Attorney Today

Are you facing a workplace investigation in Maryland? If so, we encourage you to contact us promptly for more information. To discuss your situation with an experienced Maryland employment attorney in confidence, call 410-514-6099 or request a confidential consultation online today.