An employer is likely to conduct its own investigation into your case. In some situations, employers will attempt to use their investigation as an improper means of finding out about the case.
One tactic that employers frequently use is to ask for an interview with the plaintiff without his or her Ft. Lauderdale employment lawyer present. If this happens, the employer might tell you that the purpose of the interview is to satisfy its legal obligation.
To prevent your Ft. Lauderdale employment lawyer from attending the interview, the employer might invoke its right to attorney-client privilege. According to attorney-client privilege, certain kinds of communication between an attorney and his or her client are confidential.
This way, the employer can retain control over what you say during the interview. In the event that the company’s own investigation is favorable, the company has the option of waiving the privilege and releasing witness interview transcripts and investigation report. On the other hand, if the investigation report is not favorable to the employer, it can invoke privilege and keep the fact that its own investigation supported your claims confidential.
An Apparent No-Win Situation
This interview tactic places you in a difficult position because:
- If you agree to the interview, the employer might prevent you from having your Ft. Lauderdale employment lawyer present while it questions you about your case; and
- If you do not agree to the interview, the employer can use this against you during the trial. It could make the argument that your unwillingness to participate prevented it from fully investigating your claims. In addition, it may tell the jury that you would have been willing to help with the investigation if you had really been the victim of harassment. Lastly, your employer might use your refusal as a reason to dismiss you from your position.
A Ft. Lauderdale employment attorney can help you navigate difficult situations such as your employer’s investigation into your claim. To set up a confidential appointment with attorney Mark J. Berkowitz P.A., please call (954) 527-0570 and help you prepare for a deposition.
Contact Ft. Lauderdale employment lawyer Mark J. Berkowitz P.A. at (954) 527-0570.