What Should and Shouldn't I Say When Being Investigated At Work?
- Anne-Marie Dolan
- Jun 11
- 7 min read
Being told that your employer is investigating you for misconduct can be one of the most stressful experiences you will face at work. Whether the allegation is about poor behaviour, dishonesty, attendance, misuse of company property, bullying, or something more serious, it is normal to feel anxious, angry, embarrassed, or defensive.
The way you respond during an investigation can have a significant impact on what happens next. Many employees make the mistake of saying too much, saying the wrong thing, or reacting emotionally before they fully understand the allegations against them.
If you are facing an investigation, it is important to understand what your employer can ask, what your obligations are, what your rights are, and when you should get help.
What Is a Workplace Investigation?
A workplace investigation is a process used by an employer to gather information about concerns regarding an employee's conduct or performance. An investigation is not supposed to be a disciplinary meeting. It is a fact finding process designed to determine what happened before any decisions are made. Employers may investigate allegations involving:
Poor behaviour or misconduct
Bullying or harassment
Attendance issues
Dishonesty
Breaches of workplace policies
Health and safety incidents
Theft or fraud
Violence or threats
Serious breaches of trust and confidence
A good employer should keep an open mind throughout the investigation and avoid reaching conclusions before hearing from everyone involved.
What Normally Happens During an Investigation?
While every workplace is different, most investigations follow a similar process.
Step 1: You Are Informed of the Concerns Your employer should tell you:
You should have enough information to understand the allegations and prepare a response. |
Step 2: Investigation Meeting The employer will usually invite you to a meeting to discuss the allegations. During this meeting they may:
This meeting is usually part of the investigation rather than a disciplinary process. |
Step 3: Further Investigation The employer may then:
|
Step 4: Findings Once the investigation is complete, the employer may decide:
Importantly, an investigation itself should not result in disciplinary action without giving you an opportunity to respond to any findings. |
What Should I Say During an Investigation?
Many employees believe they need to defend themselves immediately. Often, that creates more problems. The following are some tips to help you prepare and respond to an investigation meeting
Generally, you should tell the truth. Honesty is a critical part of acting in good faith. If your employer later discovers you lied during the investigation, that dishonesty may become a separate issue and damage your credibility. Even if the truth is uncomfortable, being caught in a lie can be far more serious.
You should try to stick to the facts and focus on what you know rather than what you think. For example a good response would be "I arrived at approximately 8.10am and spoke to John in the warehouse," whereas a less helpful response might be "I think everyone is trying to get me into trouble." Facts are easier to verify and carry more weight.
You should take your time in responding to questions - you do not have to answer immediately. If you need time to think about a question, say "I would like a moment to consider that," or "I would like to review the information before responding." Thoughtful answers are usually better than rushed answers.
If at any time you realise you have provided incorrect information, advise your employer as soon as possible. Mistakes happen. Trying to cover them up usually makes matters worse.
If you do not understand an allegation, ask for clarification. You could say "Can you explain exactly what is being alleged?" or "What information are you relying on for that concern?" Understanding the allegation helps you provide a meaningful response.
What Shouldn't I Say During An Investigation?
If you do not know the answer, say so. Avoid guessing or speculating as it can create inconsistencies later. Don't comment on other people involved unless you know for sure, and try to avoid making assumptions about motives or intentions. Unless you have evidence, speculation rarely helps.
Try not to lose your temper. Investigations can feel unfair and upsetting, however shouting, swearing, threatening behaviour, or walking out of meetings, can seriously damage your position. Stay calm, even if you disagree with the process.
Don't volunteer information unless you are answering a question. Many employees talk themselves into trouble by providing lengthy explanations that introduce new issues. Be honest, but stay focused on what they are actually asking you.
Don't alter evidence. You should never delete emails, delete messages, destroy documents, or ask witnesses to change their statements. Doing so can significantly worsen your situation.
Do I Have to Answer My Employer's Questions?
Employees generally have an obligation to participate in a workplace investigation. Refusing to engage at all may create separate concerns for your employer. However, participating does not necessarily mean you must answer every question in every circumstance. For example, you may reasonably ask:
To see the allegations first,
To review relevant documents,
For time to obtain advice, and
For clarification of unclear questions.
If the allegations are serious and could potentially involve criminal conduct, obtaining legal advice before answering detailed questions may be particularly important. Every situation is different, and professional advice should be obtained if you are unsure.
Should I Provide a Written Statement?
A written statement can sometimes be useful because it allows you to organise your thoughts, present facts clearly, avoid being interrupted, and create a record of your position. However, written statements can also be used later in the process. Before providing a detailed written statement regarding serious allegations, it is often sensible to obtain advice.
Should I Bring a Support Person?
In most cases, yes. A support person can take notes, help you stay calm, provide emotional support, and help you remember what was discussed. A support person is not usually there to answer questions for you or argue your case. Many employees feel less overwhelmed when they have someone with them. If your employer refuses a reasonable request for a support person, that may raise concerns about the fairness of the process.
Do I Need a Legal Representative or Employment Advocate?
Sometimes a support person is enough. In other situations, professional representation can be extremely valuable. You should strongly consider obtaining advice if:
Serious misconduct is alleged,
Dismissal is possible,
Large amounts of money are involved,
The allegations are complex,
There are multiple witnesses,
You believe the process is unfair, or
You are being suspended.
An experienced employment advocate or representative can explain your rights, review evidence and identify procedural issues, help you to prepare responses, attend meetings with you, and protect your interests. Many employees wait until after they have made damaging admissions or mistakes before seeking advice. Often, the best time to obtain help is early in the process.
What Are Some Red Flags To Watch For If I Am Being Investigated?
Some warning signs may suggest the process is not being handled properly.
Watch for:
Being told you are guilty before the investigation is complete.
Refusal to explain the allegations.
Refusal to provide relevant evidence.
Being pressured into immediate answers.
Being denied a support person without good reason.
Witnesses not being interviewed.
Selective use of evidence.
Threats or intimidation.
Decisions being made before you have responded.
These issues do not automatically make the process unlawful, but they may raise questions about procedural fairness.
What If The Investigation Is Unfair?
Do not simply refuse to participate. Instead raise your concerns respectfully, ask for clarification, request relevant information, seek advice from an employment advocate or representative, and keep records of meetings and correspondence. Remaining engaged while protecting your rights is usually the safest approach.
FAQs
Can I refuse to attend an investigation meeting?
Generally, employees are expected to participate in workplace investigations. If you have concerns about the process, it is usually better to raise those concerns and seek advice rather than simply refusing to attend.
Can I take a support person to an investigation meeting?
In most cases, yes. Having a support person is usually considered part of a fair process.
Can my employer suspend me during an investigation?
Possibly. However, suspension should generally be justified, reasonable, and handled fairly. Employers should usually consider alternatives before suspending an employee.
Do I have to provide a written statement?
Not always. Whether providing a written statement is advisable depends on the circumstances and seriousness of the allegations.
Can I record an investigation meeting?
Secretly recording meetings can create additional issues. Before recording any meeting, obtain advice about the potential consequences.
Can I be dismissed immediately for serious misconduct?
Not usually. Even where serious misconduct is alleged, employers are generally expected to conduct a fair investigation and give the employee an opportunity to respond before making a decision.
When should I get legal or professional help?
The earlier the better if dismissal is a possibility, serious misconduct is alleged, you have been suspended, or you believe the process is unfair.
An investigation is often the most important stage of a workplace misconduct process. What is said, how it is said, and whether the process is fair can have a major impact on the outcome. The best approach is usually to remain calm, tell the truth, stick to facts, avoid speculation, and seek advice early if the allegations are serious. If dismissal or serious disciplinary action is a possibility, obtaining professional advice before responding can help ensure your rights are protected and that you do not accidentally damage your position.
At Mathews Walker, we regularly assist employees facing workplace investigations, disciplinary processes, misconduct allegations, and serious misconduct claims. If you have been notified of an investigation and are unsure what to say or do next, get in touch today for a free consultation. MathewsWalker.co.nz | 0800 612 355
Disclaimer: The information provided in this blog is for general informational purposes only and should not be considered legal advice. While we strive to keep the information accurate and up to date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the blog or the information, products, services, or related graphics contained on the blog for any purpose. Any reliance you place on such information is therefore strictly at your own risk. For specific legal advice tailored to your situation, please contact a qualified legal professional.
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