In the case of someone being accused of harassment, which may have resulted in a termination of employment, an employee usually seeks advice only after the investigation has taken place internally or an external third party has been brought in to investigate.
By then, the accused realizes that the investigation didn’t go well and they find out about it when their employment is terminated. At that point they seek advice, but by then it is a problem because they are being reactive rather than proactive. By that time, it’s difficult to address the situation. Usually, in this kind of situation, there is something done wrong during the investigation. If somebody is professing their innocence, but an investigator finds something contrary to that, then the investigation may be flawed. It would be better if you had legal advice during the investigation itself. A lawyer can look at the information and be able to see the flaws in it.
The perfect situation is to seek legal advice before you participate in the investigation. Lawyers are generally brought in once the problem is already there rather than as a way of dealing with issues that arise within the work place. That happens because people generally feel that they should be able to resolve these things themselves and they are afraid that if they bring in a lawyer they will look guilty. You might think that if you are innocent, somebody is going to realize during the investigation that you have nothing to hide so there is no need to get a lawyer involved. The truth is that not all investigations go the way they should, and a lawyer can help.
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If you, or someone you care about, is dealing with employment law issues in the Ottawa, Ontario Region, contact Law Office of Melynda Layton.
This article is taken from an interview with Melynda Layton, Employment Lawyer at Law Office of Melynda Layton , an Ottawa, Ontario Employment Law Firm. Note that laws vary from province to province. Please consult with a lawyer in your own area to be sure of the laws and specific issues in your own jurisdiction.
