Copy of Investigation Document?

Hello,
I recently was fired from my last position. I submitted a formal complaint to the head of HR in January stating many complaints such as harassment, threating texts, sexual discrimination about another employee, age discrimination, stealing/heavily sedated actions regarding my supervisor, etc. There was an investigation held, where I found out none of my witnesses I asked to be interviewed were interviwed. I was then fired for attendance, poor job peformance and an "attitude" in mid-February basically saying the investigation was "dismissed". I would like to persue a lawsuit and would like to know if I can request a copy of the investigation report my formal employer has? Am I entitled to request that by California law?

1 answer  |  asked May 2, 2012 5:13 PM [EST]  |  applies to California

Answers (1)

Arkady Itkin
Hello.

There is no law that would dictate whether the employer must disclose the investigation documents, at least not until formal discovery in litigation.

Generally, companies do not disclose investigation documents due to confidentiality concerns, especially when it comes to witness statement and interviews. Some companies disclose the results, but that's a matter of internal rules when policies.

When the wrongful termination lawsuit is filed, there can be a dispute over which parts of the investigation report are discoverable and which are to remain confidential, but usually, especially when adequacy of investigation comes into play, at least the redacted versions of the investigation reports should be disclosed. Whether the investigation documents have a significant value to proving the case itself depends on the specific facts of the case.

Thanks,

Arkady Itkin

posted by Arkady Itkin  |  May 3, 2012 12:26 AM [EST]

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