Workplace investigations in Virginia have recently come to light as many state employees have been harassed and fired for complaints of this nature. As a former state Attorney General, I had a hand in resolving many of these issues through arbitration hearings. There are two main factors that create risks for employers in Virginia. First, a disproportionate number of complaints come from minorities and women. Second, there is a lack of expertise on many instances where workplace crimes and claims are made.
A workplace investigation in virginia complaint can be a form of retribution or a complaint by someone with a legitimate concern for being wronged. When the problem is one sided, it is often the minority who comes forward and makes a claim. Sometimes employers will engage in unethical conduct and intimidate or even threaten their employees who try to make complaints. When this happens, it becomes extremely difficult for an employer to defend themselves in court against such allegations. In Virginia, employers must have reasonable suspicion to think that a crime is being committed in order to engage in investigations of possible crimes.
Sometimes employers will hire outside investigators to conduct investigations. In this case, the employees would be provided details of the charges against them. However, it is important to remember that any findings that are turned over to the state attorney general will remain confidential. Many employers have received warnings from investigators not to talk about the matter with anyone outside of their organization.
What many employees fail to recognize is that investigators do not have to be their friends. Sometimes employees will say things to investigators that they do not mean or that they are not sure if they are telling the truth. For instance, if an employee suspects that they are being cheated on, they might tell an investigator that they are seeing their boss fondling other female employees. Unfortunately, the employee has no proof to support their suspicions. It is usually not enough for the state attorney general to open an investigation.
Employers must take all workplace safety precautions to avoid lawsuits. For instance, it is illegal to perform sexual advances or propositions against employees. It is also illegal to fire an employee simply because they went to the bathroom during a break. Employees should know that investigators are well trained in interviewing techniques. They may use a number of methods to try to prove the employer knew about the employee's activities while working.
When dealing with accusations of sexual harassment or other types of workplace discrimination, many employers will simply settle out of court. However, in some cases, the employer may file a lawsuit. The first step, an employee needs to take when they feel they are the victim of such harassment is to report the incident to their supervisor or the HR department. The next step is for workers to take action at the workplace.
