Can My Employer Discipline Me for Participating in a Workplace Investigation?

Doing the right thing at work can sometimes feel risky, especially for people who depend on their jobs to support themselves and their families. The question that often arises for employees drawn into workplace investigations is: Will I be punished for telling the truth?

Here is what you need to know: You are legally protected from being retaliated against for participating in a workplace investigation. State and federal laws largely prohibit employers from punishing workers for speaking up on the job, whether by making an internal complaint, discussing job conditions with coworkers, or sharing information as a witness in an HR investigation.

That said, unlawful retaliation is still all too common by employers who do not understand the law or simply ignore it. Retaliation can also come in many different ways, including subtle forms that are not always easy to spot.

At Justice Law Corporation, our Washington wrongful termination lawyers help people

who have been punished by their employers for exercising their rights on the job. We are seasoned employment attorneys who have dedicated our careers to assisting working people across the state. Our track record of success includes resolving claims through negotiated settlement and in court.

It is crucial that workers understand their rights and protections and what they can do if they believe they are being retaliated against. Here is what you need to know.

Your Right to Participate in Investigations

Working people in Washington have some of the strongest legal rights on the job across the country. Anti-retaliation provisions are a key part of those rights because they ensure that workers can speak up without fear of punishment.

Employers are banned from retaliating against employees who engage in a wide range of activities, such as:

Talking with co-workers about pay and other job terms and conditions
Making internal complaints about policies or practices that the employee believes violate wage and hour, discrimination, workplace safety, and other laws
Filing similar complaints with state or federal agencies
Filing lawsuits over alleged workplace rights violations
Participating in internal or external investigations or lawsuits
Helping a coworker assert his or her rights on the job

Employment laws are meant to encourage honest participation in workplace investigations, not punish it.

Is It Retaliation?

Sometimes, retaliation is obvious. If an employee complains to HR that she is being harassed by her boss one day and is fired the next day, that is highly suspicious. In other situations, however, it may be far less clear if you are actually being punished and if it is because you engaged in legally protected activity.

Our Washington wrongful termination lawyers see retaliation cases arise from a wide range of punitive actions. They include:

Firing
Demotion
Suspension
Loss of hours
Schedule changes
Exclusion from meetings, projects or training sessions
Sudden negative performance reviews
Increased scrutiny
Hostility from managers

Courts generally consider whether the treatment would reasonably discourage someone from participating in the complaint process. That goes well beyond formal discipline that ends up in your personnel file.

Timing is often the strongest indicator that these actions are intended as retaliation for participating in an investigation or other protected activity. The closer the timing between the protected activity and the punitive action, the stronger the retaliation claim. Especially if your employer gives an unrelated reason for the punishment that can be easily refuted or is simply not supported by the facts.

Your Employer Can Still Discipline You for Unrelated Reasons

Just because you participate in an HR investigation does not give you a blanket “get out of jail free” card. Your employer can still discipline you for legitimate reasons that are not related to your role in the investigation.

Performance is a common reason employers give for firing, demotion, and other forms of discipline. If there is a clear record of performance issues that began before the investigation, that supports the employer’s version of the events. Similarly, an employer can take disciplinary action for tardiness if a worker who participates in an investigation has a long, documented pattern of it.

Situations can quickly become murky. What if your employer says it is punishing you for being habitually late but has turned a blind eye to attendance issues for other employees not involved in the investigation? Or if supposed “performance” issues all of a sudden crop up shortly after an investigation is closed? This is where documentation, witness statements, and other evidence are critical.

Document the Situation

If you are concerned about how your employer might respond to your involvement in an investigation or you are already seeing signs of retaliation, it is important to keep a clear record of the events.

Note the date that you were interviewed in the investigation and who was present.
Save any written communications related to the investigation.
Detail any discipline that follows. Write down changes in treatment as they happen, including dates, rather than relying on memory weeks later.
Compare how you were treated before and after your participation.
Keep copies of your own performance history, so you have something to compare against if a sudden performance-based justification appears.

Keep your written record somewhere outside your employer’s systems to ensure that you can access it at any time.

What to Do If You Believe You Are Being Retaliated Against

The best way to respond to retaliation on the job depends largely on the specific circumstances, including the nature of the punishment and your role in the organization.

For many employees, the first step is to raise their concern internally (ideally in writing) with HR or their manager. You should go to the next person above your direct manager if you believe your manager is involved in the retaliation. If you have already been disciplined, request as much clarity as possible on the specific conduct that is supposedly the basis for the discipline.

It is also important to seek the advice of an experienced employment attorney, who can help you determine if you have a viable retaliation claim. The deadlines for filing claims vary based on the specific laws involved. The sooner you consult a lawyer, the more likely you are to avoid waiving claims because of time limits.

Speak With a Washington Wrongful Termination Lawyer

If you believe that your employer is violating your rights on the job, whether it is by being underpaid, wrongly terminated, or in other terms and conditions, you do not need to go it alone. A Washington wrongful termination lawyer at Justice Law Corporation can help you evaluate your claim and understand your rights and options.