Accused of Wrongdoing at Work: What to Do
HR Wants To Talk To Me About A Confidential Employee Matter?
What To Do When An HR Investigator Calls
Having been a corporate Human Resources (HR) Investigator for two Fortune 500 companies, I became accustomed to ruining an employee's day with just a simple phone call. It was all quite unfortunate. Really.
Over time, however, I learned how to emotionally distance myself from that part of the job.
Hearing from me often meant an employee was first discovering there was an allegation of misconduct against them. Usually the allegation was serious: harassment, discrimination, theft/fraud, conflict of interest. You get the idea.
Typically, the employee's heart sank. I could tell. Some even joked with me that they felt panic or dread when they saw my number appear on their caller ID, wondering what they had done. Some already knew.
Although I wasn't seeking to ruin anyone's day, asking questions and reaching a finding was just part of my job. Call it a fact-finder.
Present Your Best Self
There's an old saying: There are always two sides to every story, then there's the truth. So if you've just received that heart-pounding call from HR, how can you present your perspective in the most positive light? After all, here's what could be on the line:
- your promotability within the company
- your professional reputation, and
- even your job.
So wipe the sweat off that brow. A lot is riding on the success of this discussion. You must be ready to present your best self.
Dude, Just Ease Up
When you are contacted by an HR investigator, you may feel a variety of intense emotions:
- Your head may throb with angry and resentful thoughts of a coworker who has finally escalated an ongoing conflict.
- You may feel shocked and confused because you have no clue who would want to hurt you this way.
- You may feel frustrated that HR is wasting your time asking questions about what you feel is a fabricated complaint.
It is normal to have these feelings.
Uh, Oh! What Have I Done Now?
HR Investigators are best described as
Even Though It's Difficult, Stay Focused On Your Work
Before You Vent To The Investigator
Before you bend the investigator's ear, however, hold on one minute.
This is an allegation of wrongdoing—a claim without proof at this point. Anyone can allege practically anything. HR has a duty to investigate all claims of inappropriate behavior. Often it's a legal duty, depending on the allegation involved.
As a fact-finder, it is the investigator's role to be neutral, to listen to all relevant parties, review evidence, and then make a determination. You don't want to get all emotional at the person who will decide the outcome of your case, do you?
If you over-react, you could be demonstrating first hand for the investigator that what the complainant says is indeed true (e.g., that you're hot-headed, loud, rude and threatening, emotionally unstable).
Instead of over-reacting, take a deep breath. Put on your big girl panties (or big boy undies). Use a calm, steady voice to describe your emotional reaction.
For example, you can express that you are:
- surprised because you're an excellent employee with 10 years of unblemished service with the company
- disappointed that the complainant did not first attempt to approach you with the problem, or
- that this is the first you're hearing of a problem (if that is indeed true).
If you believe the investigator will find no merit to the complaint, confidently say so. Commit to full cooperation so that the complaint can be resolved quickly and you can get back to your job.
What Rights Do You Have?
All states except Montana presume employees to be at-will employees, unless their employment is modified by contract.1 Union employees and high-level executives, for example, work under an employment contract.
They Can Do That?
At-will employment means the employer can hire, fire, suspend or discipline an employee at any time, for any reason, or for no reason without incurring a legal penalty. In addition, the employer can change the terms and conditions of the working relationship based upon its business needs (e.g., reduce pay and benefits).
The converse of this working relationship is also true: the employee (you) may sever his employment ties should he see fit.
There are several exceptions to the at-will doctrine, such as retaliation or illegal discrimination. An employer cannot legally terminate an employee on account of the employee's sex, national origin, race, religion, color, age, disability, veteran status, or other legally protected status. Exceptions tend to vary by state, so check with the Department of Labor in your state for details.
Relax A Little (But Not This Much)
The Bottom Line On At-Will Employment
At-will employers have a lot of leeway. Therefore:
- As long as there is no discrimination or other violation of law, they are not required to maintain fair procedures (although it would be smart to do so).
- Unlike in criminal court processes, an at-will employee does not have the right to remain silent or to confront his/her accuser.
- The accused does not have a right to be represented by an attorney.
- The accused does not have to consent to discipline. Discipline can range from a letter to one's personnel file to discharge of employment.
Don't Automatically Assume You're the Target of the Investigation
If It's Not a Convenient Time to Talk, Then Say So
Say that HR contacts you when it's not a good time to talk—for instance, when you're driving, heading off to a meeting, or when you cannot talk without being overheard.
Don't agree to answer "just a few questions" about a confidential employee matter when you are unable to give the investigator your full, undivided attention. The stakes are too high.
It's also not a good idea to discuss the matter when you have an audience, even if it's your cubicle neighbors. You don't know what the issue is about yet. Your cubicle neighbors could be involved somehow.
Reader Experience Poll
Have you ever been accused of wrongdoing in the workplace?
What To Tell the Investigator
If you are in an environment where others can overhear you, offer to call the investigator back from a private location such as an unoccupied conference room or empty office.
If you don't have time to talk, politely tell the investigator that you are a heading off to a meeting (or whatever the case), and offer to reschedule. If the investigator nevertheless presses you to continue the conversation, push back with the statement that "the investigation is important to us both, and you deserve my full attention."
Above all, be professional and courteous.
You Say I've Done What? Seriously?
Humanize Yourself As the Person Complained About (PCA)
A person who has an allegation filed against them is called a Person Complained About (PCA). When an HR Investigator meets with the PCA, she has typically already met with the Complainant.
She's heard the ugly details about your alleged misbehavior. In addition, the Complainant probably has also shared any history of the relationship between you two. At this point, the investigator usually has a lop-sided picture characterization of the PCA as an awful employee, mean coworker, and spiteful human being.
But thankfully, she is calling you to talk with you personally.
Put Your Best Foot Forward With the Investigator
Establish A Personal Connection With the Investigator
You must disabuse the investigator of the Complainant's negative characterizations of you as an evildoer. Understand that going into your interview the Investigator has heard a one-sided story. You need to tip the scales in your favor.
Use all the charm you have in your personal toolbox. You're not just another "case" or PCA. Instead, ensure that she perceives you as an employee who made an honest mistake — or as someone who has been terribly misunderstood, falsely accused, etc.
Establish a warm rapport early on so that the investigator sees you as a human being. Look for similarities between you both. Engage in brief small talk, as appropriate, without delaying the investigation (e.g., "I remember you. Didn't you previously work in the HR Benefits department?").
To counter your negative portrayal by the Complainant, you can also interject relevant information about your work history and relationships with others throughout the conversation.
For example, if this is the first complaint against you, calmly say so. If there is someone who repeatedly files unsubstantiated complaints against you, volunteer that information and ask for the investigator's help.
Establish a connection with the HR Investigator so that she knows you as a person, not just as a PCA.
If You Think All Complaints Have Merit, Think Again
Not all complaints have merit. I typically substantiated about one-third of the complaints I investigated. This was in line with company norms and industrial averages.
Some of the more vivid examples of unsubstantiated complaints included:
- Anonymous allegations of drug abuse, foul and abusive language, and egregious sexual misconduct against the least likely of subjects (e.g., a very straight-laced employee).
- Claims by an employee's ex-husband that a manager used sexual harassment to "lure" the man's ex-wife and many other women away from their spouses. The jealous ex-husband had a record of following her and making unfounded allegations.
- A co-worker's repeated complaints that her entire work group was spying on her, pranking her work station, hiding key documents, and trying to make her think she was "crazy." The woman eventually disclosed that she suffered from paranoid schizophrenia and was off her medication.
A professional investigator will approach each investigation with an open mind. He or she will review the facts and reach a decision based on the evidence. Cases are often not what they seem to be at first blush.
Don't Treat the Investigator As Your Opponent
You may feel like you are in the dark about the complaint against you. The investigator may withhold some important details about the complaint (e.g., who complained, the exact nature of the complaint, what witnesses have been talked to).
Thus, try to gather information from the HR Investigator in a non-confrontational manner. Ask her, "What can you tell me about why we are here?" or "What can you tell me about the complaint against me? I've never been through this before."
Listen carefully to her response and ask details, clarifying when you can (e.g., "So am I being accused of sexual harassment?") Be sensitive when she's ready to move on, however. All complaints have to be investigated, and you might just be blowing the situation out of proportion.
It's No Fun Being Under the Microscope
Before your conversation ends, be sure you understand the following:
- The investigator's name, phone number, and email address
- What the investigation process involves
- The expected time frame for resolving the complaint
- How you will know when the matter is resolved and who will notify you
- Whether it is simply "business as usual" while the investigation is ongoing
- Whether you are permitted to speak with anyone else about the investigation (e.g., spouse, boss, co-workers, clergy, therapist, etc.).
If you had a complaint against you, could you get a fair hearing from your HR department?
Help Resolve Your Complaint
Make the Investigator's Job Easy
Although this is the only complaint you are involved in, the investigator probably has a docket of many other cases. Thus, you can help yourself by making her job as easy as possible.
Offer precise times and dates when possible. Answer the investigator's questions directly. Be succinct. If you don't know the answer or don't remember, say so. Guessing could backfire on you.
Establish Your Credibility
The investigator is determining your credibility as you speak with her. Ask yourself:
- Do you make misstatements then correct yourself upon further questioning?
- Do you verbally attack the complainant, witnesses, or others who are discussed during the investigation?
- Do you acknowledge your own shortcomings or your role in a conflict (especially if it's obvious)?
- Are you attempting to bully the investigator? (Not a good move, especially if you're being investigated for alleged bullying behavior!)
As an investigator, there have been PCAs that have impressed me with their candor and maturity. Rather than denying knowledge of the alleged behavior, they immediately owned up to it, said they regretted their actions, and told me why. This short-circuited the investigation.
Workplace Conflicts Are Headaches Indeed
Understand the difference between making a false allegation—that is, deliberately lying about your actions—and simply misunderstanding your behaviors or intentions. Sample reasons for false allegations include revenge, bullying, and romantic relationships gone wrong.
If the allegation is a misunderstanding, can you help the investigator reasonably explain away your actions?
If instead you assert that the Complainant has filed a false allegation, answer the investigator's burning question: "Why?" The investigator is interested in what motive would compel someone to fabricate a complaint against you. Messing with someone's livelihood is a pretty mean thing to do.
Provide the Names of Corroborating Witnesses
When relevant, suggest the names of witnesses who can corroborate your story. Specifically state what the value of the witness is to the investigation. For example:
"Mary Smith and John Green can both tell you that during our team meeting on July 15 between 2-3:00 p.m., the Complainant specifically told the group that she was not offended by my comment."
Offer Supporting Evidence
Provide the investigator any important evidence that supports your point of view. Examples include emails, performance and training documents, voice mails, etc. When possible, transfer such documents to her over email. (You may need proof you supplied it.)
Sometimes you may also have evidence that points in the opposite direction of your guilt (called "contrary indicators"). For a discrimination claim, for example, you may not have promoted the Complainant, but if for example, you recommended her for an award and appointed her to a key committee, then that tends to refute your discriminatory intent. Offer the information.
Don't Be Your Own Worst Enemy
Watch Red Flag Behavior
Whether they are meeting with you in person or talking with you over the phone, investigators are alert for red flag behavior.
Here is a quick overview of facial and body expressions as well as other behaviors that could indicate a problem, particularly when you exhibit them as a part of a pattern:
- defensive postures: arms folded tightly in front of your chest, hands in pockets, hiding hands
- signs of deception: rapid blinking, lack of eye contact, touching your face a lot, heavy sweating, fidgeting, nervous swallowing
- dominating behaviors: loud tone of voice, interrupting, swearing, frequent repetition, glaring, invasion of personal space, pounding fists, pointing, attempting to take notes on the investigator during the investigation
- passive behaviors: becoming quiet and withdrawn, slumping posture
- deflecting responsibility: "dropped" calls at critical points in the conversation (if this interview is via phone); counter complaints; you blame everyone else
Exhibiting these behaviors won't further your cause.
If You Are Guilty, Go Ahead and Just Take Your Lumps
If You're Guilty
Some of the most unfortunate situations have involved employees who lied during the course of the investigation, often out of embarrassment or fear of repercussions. For example, more than once I have encountered a star employee who turned a minor violation into a terminable offense by lying about it.
These folks didn't have to get themselves fired. People make mistakes in both their personal and professional careers, and they could have simply owned up to it. Whether through security videos, time card records, multiple witnesses to the contrary, or recantations of your previous statements, evidence will often make it obvious that you lied.
Being lied to is an assault on one's integrity, and the investigator does not appreciate it. If you have engaged in misbehavior and are tempted to lie to cover it up, take your lumps. Own up to what you've done and move on, whatever that involves. You could be out of a job regardless, but at least your integrity will be intact.
My experience as an investigator is that eventually the truth has a way of catching up with people.
A Stressful Experience, But It Will Be Over Soon
Allegations of misconduct in the workplace can happen to anyone. Now that it has happened to you, commit yourself to seeing that the complaint is resolved quickly and fairly. Put your best foot forward during the investigation using the following tips:
- Stay calm rather than venting emotionally. The HR investigator is not your therapist.
- If the investigator contacts you at an inconvenient time, ask up front to reschedule.
- Connect with the investigator so that she sees you as a person, not just a PCA (person complained about).
- Gather key bits of information about the complaint, the process, and the follow-up.
- Help resolve the complaint by communicating clearly, establishing your credibility, addressing motive, and offering both evidence and the name of any witnesses.
- Watch red flag behaviors that could trip you up.
- If you are guilty, be an adult and just take your lumps.
1Guerin, Lisa. "Employment At Will: What Does It Mean?" Nolo.com. Accessed September 20, 2013. http://www.nolo.com/legal-encyclopedia/employment-at-will-definition-30022.html.
2Lucas, Suzanne. "I was falsely accused at work -- now what?" CBS News. Last modified January 16, 2013. http://www.cbsnews.com/8301-505125_162-57564213/i-was-falsely-accused-at-work-now-what/.
This article is accurate and true to the best of the author’s knowledge. Content is for informational or entertainment purposes only and does not substitute for personal counsel or professional advice in business, financial, legal, or technical matters.
Questions & Answers
Where do I find a lawyer who will defend me against false accusations of a hostile work environment? In my situation, it is all my word against theirs, and the investigator took stock in their word and not mine. I believe they collaborated and got their stories together before their interviews. I did not have that opportunity. I am in a situation where the management wants me gone anyway, so I feel like this was a sanctioned hit.
First, be aware that most companies do not permit attorneys or anyone else to represent an employee during an internal investigation. The exception will be being represented by your union steward if you work under a collective bargaining agreement (labor contract). You can always ask, but expect to be turned down.
Even so, an attorney consultation may help you to assess the strength of your case and provide specific legal advice. The lawyer can be especially helpful if the company fires you or otherwise severs your employment.
Alternatively, if you later file for unemployment or file an external complaint with a government agency such as the EEOC, the lawyer can be helpful in arguing on your behalf. (They are NOT required; you can always represent yourself. However, they know the process better and can be your paid advocate.)
If looking for an attorney, you're looking for one who specializes in employment/labor law. The best source is a reliable person you know and trust who is an attorney or paralegal himself/herself. Ask for a word-of-mouth recommendation. If you can't get that, try www.lawyers.com or www.findlaw.com and look for an employment attorney who is licensed to practice in your state. These types of sites provide names and details on attorneys in your area. You want someone who represents plaintiffs/employees.Helpful 23
In a very aggressive email, a coworker falsely accused me of doing something unethical. My supervisor considered taking it to HR but instead took it to her supervisor. I have proof that I did not engage in unethical conduct, but I cannot share it due to the nature of the job. Should I make sure HR is aware of the issue in case the individual backlashes worse, or should I just wait and see? Although my boss has responded to the accusatory email, I have not.
I recommend that you first check your company’s compliance policies because they probably require that any alleged violations of ethics, law, or Company policy be reported to HR immediately. That’s what your coworker was doing – making a compliance allegation, right? Your boss, therefore, should have followed the company’s prescribed process by reporting the emailed accusation of your ethical violation rather than handling it herself.
You’re probably best served now by connecting with HR. You can tell HR what happened and let them decide whether there is something to investigate. The benefit in having HR investigating the matter (other than the fact it was required) would be that they can review confidential information, substantiate or unsubstantiated the matter, and communicate with the individual who originally made these allegations against you. This includes conveying warnings against retaliation. Follow the process your company lays out in its compliance policies.
As a courtesy, you may want to give your boss a heads up that you are going to HR or have just consulted with HR so she is not surprised by a phone call from them.Helpful 1
There was a complaint against me, and I received a counseling form. However, there was no investigation. The complaint was false, so what are my options? This complaint was made to try to get me fired.
Keep in mind that discipline doesn’t necessarily have to require an investigation. Attendance violations, for example, may receive specific disciplinary consequences. Or if your supervisor witnessed an act that violates work rules, s/he would simply issue the appropriate corrective action. However, I trust that the complaint was NOT one of these situations. You’re saying a false complaint was made.
In that case, you have a couple of options. You can refuse to sign the counseling form. Instead of a signature, simply write something to the effect of “Refuse to sign -- no investigation on this false complaint.” Although HR and management will still use it against you for disciplinary purposes, you are going on record that you object to both the discipline and the process. (Get a copy in case you are fired in the future.)
Another option is to file a formal complaint against your boss and/or the individual who is disciplining you. If there is an HR rep involved, complain against them, too. You’re complaining about a fellow employee's intentional lying, your boss' unfair discipline of you, and failure to conduct an investigation.
Find the company policy that establishes that the company conducts fair, thorough, and neutral investigations. Also find the company’s written discipline policy, plus the one that deals specifically with the alleged reason for your discipline. Use specific policies to file your complaint. In other words, allege that specific people violated specific company policies.
Finally, a less formal option is to informally appeal the counseling through your management chain preferably with a face-to-face meeting in which you present your situation succinctly and describe what you want to be done. Be professional and courteous and provide a copy of both the disciplinary document and the policies that are relevant to your issue. The key here is to get to the right person in the management chain -- you want someone who cares and has the power to change the result. A Director or VP would be ideal.Helpful 4
Since 2004, I have worked for a company that pays commissions in addition to an hourly rate. Recently, I was falsely accused of theft, and when the company did not substantiate the allegation, they took commissions away from me. These were past commissions, and this was done out of retribution, but the company that employs me is in an at-will state. Do I have any recourse?
Your big question for the company is whether they can explain WHY your past and future commissions were taken away from you. Since you indicate that they did not substantiate the theft allegation against you, I'm wondering what their rationale is for apparently disciplining you by decreasing your pay? Do they have an official explanation for that, one that's been given to you by HR and/or your management?
Rather than just assuming it's retribution, you need to hear their explanation again. Play dumb if you need to, saying you just don't understand and want to get past this. Ask them was the investigation substantiated? (According to your current understanding, it should be "NO - UNSUBSTANTIATED.")
Since it was unsubstantiated, then why was this pay change made? Was it made to everyone or just you? Would it have been made if there had been no allegation of theft in the first place? Why were your past commissions taken from you since you already earned those?
Right after you get out of the meeting or conversation, write down as exactly as possible the answers -- who you talked to, what was said, date/time/location, any witnesses, etc. If you think you have a case of retaliation, you may want to consult an attorney regarding your options.
I’ve been suspended pending an investigation. I could get fired for punching a coworker's timecard in and leaving my area for a longer period than allowed due to both a gambling and substance abuse problem I got caught up in. Can the union save my job?
You have several issues going on. I assume you knowingly and deliberately punched your coworker's timecard. This is typically looked at as a fraud. Be ready to provide an explanation as to why you did so. The union will need to research how others have been disciplined for similar situations. If they've typically been fired, then this alone doesn't bode well for you.
That's not all, however. You left your work area due to gambling and substance abuse. Were you gambling and abusing substances on company property? If so, you probably violated safety and several other policies. However, is there any evidence that's what you were doing while you were absent from your workstation? (Can the company prove what you were doing? For example: Are there witnesses? Did you admit it?)
If you are entering into a rehabilitation program for your addiction, then that may at least delay the investigation until you are released because you'll be on leave. I do hope you have good union representation because this doesn't look good for you. The best hope for you not losing your job is perhaps the company doesn't have sufficient evidence (witness interviews, camera footage) to prove what you were doing. Sometimes I've seen companies go soft on employees in your type of situation with "last chance" agreements. Ask your union for further information.
The most important thing is not keeping your job but getting clean. This situation may be a wake-up call for you, a part of hitting bottom. Please get help now before addiction takes your life!Helpful 1
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