Conducting internal investigations can be key to helping employers avoid lawsuits when an employee complains or there’s other evidence of misconduct or workplace problems. But if not handled properly, investigations can also land an employer in hot water. In a recent Employer Resource Institute audio conference, California employment attorney Roy A. Clark discussed problems that can stem from investigations, including false imprisonment.
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False imprisonment arises when an employer intentionally confines an employee for an appreciable period of time without legal privilege to do so. Confinement can be by a number of means: physical force; threat of force or arrest; physical barriers, such as a locked door; or undue duress, such as involuntarily confining an employee suspected of theft in a windowless office for more than an hour and denying the person’s attempts to leave or call for help.
To avoid false imprisonment charges, advises Clark, it is critical that employers do not intentionally confine or restrain the liberty of employees. While you can detain employees suspected of misconduct, you can’t intimidate them or prohibit them from leaving an investigation or interview. If an employee refuses to cooperate, Clark says to consider your discipline options consistent with company rules and practices—but don’t lock an employee in a room or hold the person by means of duress.
Additional Resources:
Checklist for Internal Investigations (Start your guest access and get this now)