Do employers have to protect private information in an internal investigation?

An internal investigation requires care on the part of the employer. You have rights during the process, including expecting to maintain some privacy.

Understanding your privacy rights is essential.  You have the right to maintain your innocence, which includes ensuring your private information is kept confidential.

Keep investigation quiet

The Texas Workforce Commission explains your employer should not be making the findings in the internal investigation public. As the investigation unfolds, only those involved should have access to the information.

Until the investigation is complete and the final decision made, your employer should not level accusations against you or tell others you are guilty of something.

Protect personnel files

Files your employer has on you should remain confidential. Only those with a need to access the information should do so. This includes information about the investigation or previous disciplinary actions.

Follow usual polices

During the investigation, your employer should not do things that violate general policy. For example, if you have a locked cabinet in your office and the general policy does not tell you it is subject to searches, then your employer cannot search it even during an investigation.

If your place of employment is the target of an investigation, and you feel that you may become liable, contact Hilder & Associates, PC.

 

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