Workplace investigations are defined as a fact finding process to collect relevant information concerning complaints, allegations, or incidents of misconduct occurring in the workplace. It is important to note that these investigations are not just limited to harassment, discrimination, bullying, privacy  breaches, substance use at work, theft, vandalism, retaliation, threats of violence, and assault.

Now, during a workplace investigation, to ensure fairness, thoroughness and confidentiality, some common protections are established for the employees, such as:

• Right to be informed: if there are specific allegations against you, you have the right to be noticed in order for you to understand the process and prepare a response.

• Confidentiality: in the sense that details of the investigation should only be shared with those who are involved and concerned with it. For instance, in California, the factual findings of the investigation must be revealed to complainants and respondents, however information including evidence and witness testimony must be withheld.

Right to seek legal help: employees involved in workplace investigation are free to seek legal representation. However, during the investigation process, employees in a unionized environment have the right to have a union representative present.