Investigating things at work

Q. I would like to know if an employer has the right to question the employees 'peers' concerning an unproved alleged act of misconduct based on hearsay that results in the employees' termination?



A. In a word, “yes.” If you, as the employer, feel the need to conduct an investigation of an employee based on the unconfirmed word of a co-woker, you should do so. In fact, depending on the circumstances, you might be found at fault if you didn’t. Suppose, for example, that Co-worker A told you that Co-worker B assaulted a customer in the parking lot. You have nothing to go on but the hearsay statement of Co-worker A. However, if you didn’t investigate the claim (by talking to other co-workers, to other customers, and to Co-workers B) and Co-worker B subsequently assaults a second customer, and the second customer finds out that you heard about the first assault and did nothing, the second customer could file a claim against you, asserting negligent employment, negligent supervision, and general negligence by keeping a suspected assailant on the payroll and doing nothing about it. Go ahead and investigate.