Conducting workplace investigations can be tricky, especially when it comes to how much information to share with participants. Do employees accused of misconduct have a right to know the details of the complaint? Can they bring a representative to their interview? The answer, as with most legal questions, is: it depends.

Below is a 2025 update on key legal obligations and best practices when it comes to employee rights in workplace investigations.

Notice Obligations: What Must Employers Share?

Unionized Workforces:
Employees covered by a collective bargaining agreement have specific rights when interviewed as part of a workplace investigation. Employers must:

1. Notify the respondent in advance of the interview.
2. Inform the employee of their right to union representation.
3. Provide enough detail about the allegations to allow the union to provide meaningful support.

That said, employers are not required to share the full complaint or every detail. According to the California Public Employment Relations Board’s Contra Costa Community College District decision (2019), the accused is only entitled to a general description of the allegations. A full copy of the complaint is typically not required and may be withheld to protect the privacy of the complainant.

The Board emphasized a balancing approach—weighing the union’s need for information against the complainant’s privacy. Where those interests conflict, employers must negotiate in good faith to reach a reasonable accommodation.

Non-Union Workplaces:
Employees in union-free environments do not have a legal right to advance notice or information before an investigatory interview, regardless of whether they are a respondent or witness.

Representation Rights: Who Gets to Bring Someone?

Unionized Employees:
Under the landmark U.S. Supreme Court decision NLRB v. Weingarten, Inc. (1975), union employees may bring a representative to an investigatory interview if all of the following conditions are met:

• A supervisor or manager is conducting the interview.
• The interview relates to the employee’s performance or conduct.
• The employee reasonably believes the interview may lead to discipline, demotion, or discharge.
• The employee requests a union representative.

If these conditions are satisfied, the representative—often a union steward—can be present. However, the representative must not be directly involved in the events under investigation.

Witnesses (not respondents) are generally not entitled to representation, unless they fall into a special category, such as public safety employees.

Special Rules for Public Safety Officers and Firefighters

Investigations involving public safety officers and firefighters are governed by California’s Public Safety Officers Procedural Bill of Rights Act (POBR) and Firefighters Procedural Bill of Rights Act (FBOR). These laws provide more extensive protections than those for other employees—even those working in the same departments.

Covered employees must receive written notice of:

• Date, time, and location of the interview
• Names and roles of those conducting or attending the interview
• Their right to representation
• A summary of the allegations sufficient for meaningful preparation
• Miranda rights if criminal charges are possible

Other rights include:

• Interviews must occur at a reasonable hour and last a reasonable duration
• No more than two interviewers at once
• Employees may record the interview
• Access to notes, transcripts, and reports, unless deemed confidential

In follow-up interviews, employees may also request access to prior interview recordings and relevant investigatory materials.

Best Practices for Employers in 2025

In this evolving legal landscape, employers should:

• Understand their obligations under applicable labor laws (e.g., Weingarten, POBR, FBOR)
• Balance transparency and privacy, especially when complaints involve sensitive information
• Negotiate in good faith with unions when representation or information requests are made
• Document every step of the process—including requests, responses, and accommodations

While non-union workplaces have more flexibility, consistency remains critical. Employers should apply internal investigation protocols evenly and make sure investigators are trained to navigate legal and procedural requirements.

Final Thought:
Workplace investigations are not just legal exercises—they’re a chance to build trust and show that your organization takes concerns seriously. Knowing employees’ rights and applying them correctly is a crucial part of that process.