Does the reason have to be given immediately?
Question: Does an employer have to provide a reason for a suspension pending investigation other than saying just that? Does it matter if the investigation uncovers misconduct or not?
Answer: Workplace investigations have evolved dramatically in recent years. It is amazing how much time HR professionals — and employment lawyers — now spend dealing with investigations. It is well-established that an employee that is suspected of misconduct has a right to a fair and impartial investigation before any sanctions are imposed. As part of that investigation, the employee should be confronted with the specific allegations and given a chance to respond to them and provide any explanation that may be relevant.
It is not unusual for an employee to be sent home on a paid administrative leave during the course of an investigation. At the outset of the investigation, the primary parties, being the complainant and the accused in most cases, should be clearly advised of what has taken place and what the plan of action contemplates. With respect to the accused, they should be advised of the concerns that have triggered the investigation. Therefore, in answer to your question, the individual should not be sent home without explanation.
Of course, all parties, including witnesses, should be clearly advised that the matter is to be kept confidential and not to discuss it with anyone. At the same time, employers should not make the mistake of telling anyone, including the complainant or witnesses, that everything they say will be kept confidential, as that may not be possible.
