Your Bronx unpaid wages lawyer will generally advise that because you are under no obligation to attend an employer’s investigation, you should refrain from participating in one. Several reasons exist for avoiding an employer investigation:
- Participating in an investigating interview where you will be questioned about emotionally difficult events without the benefit of having your Bronx unpaid wages lawyer present, and then being questioned about those same events later on in a deposition where any slight differences between the answers you give in the deposition and those you gave in the interview will be thoroughly cross-examined, is simply unfair to you.
- The purpose of the investigation is not to help you or aid in determining the validity of your claims. Your Bronx unpaid wages lawyer knows the investigation is being conducted to protect the employer and gather free discovery.
Exception #1: If Your Lawyer Is Allowed to Interview Other Employees
Participating in the interview may be worthwhile if your employer will allow your Bronx unpaid wages lawyer to conduct interviews with other employees. An exchange of this type may involve significant negotiation between all attorneys involved.
Exception #2: If the Interview Is Truly Unbiased
Your Bronx unpaid wages attorney may advise participating in the employer investigation if your employer guarantees an unbiased interview. In order to assure an unbiased interview, the following three conditions must be met:
- The investigator is jointly selected and open to communication with all parties.
- Prior to the investigation, the employer irrevocably waives all privileges from the investigation.
- When the investigation is concluded, all parties are jointly provided with the investigator’s report along with all the witness interview notes.
If the proposed investigation fails to meet any one or all of these requirements, your Bronx unpaid wages attorney will most likely advise against participating in the investigation.
Contact a Bronx Unpaid Wages Attorney
The legal counsel of a competent Bronx unpaid wages lawyer can advise you whether it is in your best interests to participate in an employer’s investigation. If you would like to schedule a free consultation, contact the Law Office of Delmas Costin, Jr. at 718-618-0589.