Being the subject of a workplace investigation can be stressful and intimidating. Employees often feel like the odds are stacked against them, while employers struggle to balance fairness with protecting their business. Whether you are the employee under investigation, a complainant, or an employer conducting the process, it is essential to understand how Alberta law applies and what rights and obligations exist.
At Verhaeghe Law in Edmonton, our employment lawyers regularly assist both employees and employers with workplace investigations. We ensure that the process is fair, legally compliant, and focused on protecting your rights. To discuss your legal options with a member of our team, schedule a consultation today.
When Are Workplace Investigations Required?
Alberta law imposes a duty on employers to investigate serious workplace concerns. Investigations are typically triggered by allegations involving:
- Harassment or bullying by co-workers, supervisors, or management.
- Workplace violence or threats of violence.
- Discrimination based on protected grounds such as race, gender, disability, or religion under the Alberta Human Rights Act.
- Misconduct or policy breaches, such as theft, fraud, or breaches of confidentiality.
Employers are required under Alberta’s Occupational Health and Safety Act (OHSA) to maintain a safe and respectful workplace. Failing to properly investigate complaints may expose employers to legal liability, regulatory penalties, and reputational damage.
Employee Rights During Investigations
If you are the subject of a workplace investigation, you do not lose your basic rights. Alberta law requires that investigations be conducted fairly. Key rights include:
- The right to know the allegations: You must be informed about the complaints being made against you.
- The right to respond: You are entitled to share your side of the story and present relevant evidence.
- The right to fairness and impartiality: Investigations must be unbiased, timely, and thorough.
- The right to confidentiality: Employers must protect your privacy to the greatest extent possible.
- The right to be free from retaliation: It is illegal for employers to punish employees simply for participating in an investigation, whether as a complainant, respondent, or witness.
If these rights are not respected, the validity of the investigation may be challenged. Employees who feel unfairly treated should seek legal advice as soon as possible.
Employer Obligations During Investigations
Employers in Alberta are held to high standards when it comes to investigations. Their obligations include:
- Acting promptly: Investigations must be conducted without unnecessary delay.
- Maintaining impartiality: Employers should use independent investigators where conflicts of interest exist.
- Documenting findings: Proper records of evidence, witness statements, and conclusions are essential.
- Protecting all parties: Both complainants and respondents must be safeguarded against harassment or retaliation.
- Following policy and law: Employers must comply with internal workplace policies, the OHSA, and the Human Rights Act.
Failure to conduct a proper investigation can result in wrongful dismissal claims, constructive dismissal claims, or human rights complaints.
Common Problems in Workplace Investigations
Despite the legal framework, workplace investigations often go wrong. Some common issues include:
- Bias or conflict of interest: Investigators may be too closely tied to one party.
- Lack of transparency: Employees may never learn the details of the complaint.
- Retaliation: Employees may face demotion, dismissal, or harassment after participating.
- Improper conclusions: Employers may act on insufficient evidence or ignore employee responses.
When these issues occur, employees may have grounds to pursue legal remedies, including wrongful dismissal or constructive dismissal claims. Workplace investigations carry high stakes for everyone involved. At Verhaeghe Law, we provide tailored legal support depending on your role in the process:
- For employees under investigation: We review the allegations, prepare responses, and ensure your rights are respected throughout the process.
- For complainants: We help you file complaints correctly, protect you from retaliation, and ensure your concerns are taken seriously.
- For employers: We advise on best practices, design investigation protocols, and defend businesses against claims arising from flawed investigations.
- For witnesses: We provide advice on participation, confidentiality, and protection of your employment rights.
Having an experienced employment lawyer on your side can mean the difference between a fair process and one that undermines your rights.
Practical Tips for Employees Facing Workplace Investigations
If you are involved in a workplace investigation, consider the following:
- Remain professional even if the process feels unfair.
- Document everything, including communications, meetings, and treatment by management.
- Do not resign prematurely. Quitting may weaken your ability to challenge the process later.
- Seek legal advice before providing written statements or signing any documents.
Dealing With an Investigation at Work? Contact Verhaeghe Law Today
Workplace investigations can affect your career, your reputation, and your financial security. Whether you are an employee facing allegations or an employer conducting an investigation, it is essential to protect your rights and comply with Alberta law.
Contact Verhaeghe Law’s Edmonton employment lawyers today to schedule a consultation. We will guide you through the process, ensure fairness, and help you take the right next steps.