We represent employees in Virginia in employment investigations involving employee alleged misconduct. When you are notified that you may be the subject of a workplace investigation, it is important to seek legal advice and possible representation from a Virginia employment lawyer. It is always difficult for an employee to be notified that they are the subject of a workplace investigation, but we are here to help them defend their career if this occurs.
When a serious investigation is being conducted into your conduct, you need to be prepared to respond to any allegations through counsel. Do not leave your best interests in the hands of an employer and their investigator.
Employment Allegations Require Employer Investigations
It is common for employees to be investigated in the workplace. Virginia employers typically conduct workplace investigations into employee complaints because they can face legal consequences (claims of negligence, discrimination) if they do not do so. For example, if an individual alleges discrimination or illegal activity in the workplace and the claims are not investigated, an employer can be potentially held liable by employees affected by the conduct.
The same type of investigation is necessary when dealing with claims of whistleblowing or other alleged inappropriate conduct at work. The point is that Virginia employers will usually conduct a workplace investigation if they receive a complaint. The level of investigation that an employer will conduct depends on the severity of the allegations.
How Virginia Workplace Investigations Start
Employee investigations typically start with an employee complaint alleging that some misconduct has been committed in the workplace. Sometimes, employees can also be investigated for issues occurring outside of work. A complaint usually starts when the employee reports it to Human Resources, a supervisor or other management personnel. Once reported, the misconduct complaint can lead to an investigation. Almost always, in most employment investigations, the employer will hire an outside law firm (or occasionally use internal attorneys) to conduct an employment investigation and will act as the investigator.
Once the investigator is appointed, they will start their investigation.Keep in mind that the employer’s goal in these investigations is to minimize liability for themselves. The investigator is not there to always get to the truth of the matter or to protect your interests. In these types of investigations, complaining employee may also be represented or advised by their own legal counsel.
Investigative Steps
While an investigator may find an individual employee at fault, the investigator usually wants to conclude and document that there was no fault on the part of an employer. When a finding of fault is made, there are more significant problems for an employer. The following steps usually take place in an employer investigation:
- An employee files a workplace complaint;
- The complaint is reviewed by the employer or Human Resources;
- An investigator is usually appointed to investigate the complaint;
- The investigator reviews the complaint and plans their investigation;
- The investigator reviews any documentation or emails or other evidence available to prepare for interviews;
- The investigator interviews the complainant or complainants about the conduct complained of;
- The investigator interviews the employees with knowledge of the issues in the complaint;
- The investigator interviews the accused employee or employees;
- The investigator conducts follow-up interviews of any witnesses as needed;
- The investigator reviews all company policies in conjunction with their findings;
- The investigator issues a final report with recommendations to an employer;
- The employer evaluates the recommendations in the investigative report;
- The employer will take action based on the findings in the report; and
- The employer’s action can involve disciplinary action against the employee.
Results of Workplace Investigations
Once the employer’s investigation is over, the results and actions taken by the employer can vary. A formal report is usually prepared, along with recommendations on actions that could be taken. The investigation can result in termination or other discipline for an accused employee. The investigation can also vindicate the accused employee. In either event, an employer must be careful to avoid retaliation against a complaining employee, even when their complaint is found to be unjustified. Each investigation is different, and different employers vary in how they handle workplace investigations. The proper handling of an employment investigation can protect employees in the workplace and alsoreduce employer liability. However, it can often be the case that the employer is simply interested in terminating the employee involved instead of fairly resolving disputes. For this reason, it is very important for employees to have their own attorney.
Workplace Reporting Under Virginia Law
While results of workplace investigations in Virginia have not necessarily been a public affair in the past, that is slowly changing. In 2025, Virginia enacted Workplace Violence Reporting in Healthcare Workplaces. While this is just one type of conduct, Virginia may eventually expand this type of reporting to other types of alleged misconduct. This is one example of Virginia starting to require investigations into workplace conduct.
Contact Us
If you are an employee in Virginia and need assistance with an employment investigation or other issue, please contact our office at 703-668-0070 or through our website to schedule a consultation.
