Suspension Hub: Suspension Pending Investigation (Guide)
It is important for anyone subjected to a workplace investigation to obtain legal advice as soon as possible.
The law on this issue of what protections are afforded to a person being investigated is complex.
If you’re under investigation, do this first:
• Ask in writing for the details of the allegations:
• Confirm with/without pay, benefits: the expected timeline.
• Request your opportunity to respond and where to send evidence/witness names.
• Keep everything confidential and don’t retaliate.
• Get legal advice before any interview if there’s potential criminal exposure.
If you’ve been suspended pending investigation, the process should be temporary and fair. You’re entitled to clear notice of the concerns, a real opportunity to respond, and an impartial process. Even if your employer says you can’t bring a lawyer to the interview, that doesn’t mean you shouldn’t get legal advice—especially if there’s any chance of criminal exposure as may be the case with allegations of expense fraud or harassment. Legal counsel may still advise you on what questions you may or may not answer, what protections you may have over your electronic footprint, 1 and other defences.
A few early questions—about pay/benefits, timeline, and when you can respond—can protect your position while the facts are gathered.
Take the example of the investigation conducted by Hockey Canada regarding the Canadian Junior Hockey Team players who were later charged with criminal sexual assault. Prior to commencing the interviews, the investigator had offered to the City of London Police her interview notes, an invitation which was declined by the police. The police, however, did advise the investigator of their intent to compel production of her notes. None of this was told to the players or their legal counsel. This is a dramatically unusual fact context, yet nonetheless illustrates the need for legal guidance and protection. 2
Should the employer fail to provide a fair and impartial investigation, this may lead to an enhanced damage claim, if termination of employment follows due to allegations of serious wrongdoing. 3
It is not within the mandate of the services provided here to provide legal advice. We can, however, refer you to able legal counsel to assist you.
Please reach out to us if you need such assistance: david@empl-law.com or maureen@empl-law.com.
Calgary Workplace Investigations provides impartial and legally sound workplace investigations for employers across Alberta.
Contact us today for a free confidential consultation about your workplace concerns.
- as reviewed here
- This case is reviewed in detail here.
- as explained here