By Evan Lange
In Texas, private employers can investigate employees and generally require you to cooperate, and refusing can lead to discipline in an at-will job. You usually don’t have a right to bring a lawyer into an HR interview, but union-represented employees can ask for a union representative in an interview they reasonably believe could lead to discipline (Weingarten rights). Texas law doesn’t give private employees a right to see their personnel file, though OSHA injury and illness records must be made available. If you reported harassment or discrimination, or participate in an EEOC proceeding, retaliating against you for it is illegal. Stay calm, be truthful, take notes afterward, and put your side in writing.
An HR meeting invite with no agenda. A request to “talk about a complaint.” A sudden suspension “pending investigation.” Whether you’re the person who complained, a witness, or the one being accused, a workplace investigation can decide your job. Here’s what Texas employees can and can’t do.
Texas law doesn’t require private employers to let employees view or copy their personnel files, although many do by policy. Exceptions:
Ask in writing for copies of any write-ups, your PIP or documents you’re asked to sign.
Those can be signs of retaliation. If the investigation ends in a firing, see what to do in the first 48 hours.
Generally yes. In an at-will job, a private employer can require employees to participate in workplace investigations and can discipline employees who refuse.
Private employers usually do not have to allow an employee’s attorney in an internal investigation interview, but you can consult a lawyer before and after the meeting.
Union-represented employees can request a union representative during an investigatory interview they reasonably believe may lead to discipline. The employer must allow it, end the interview, or let the employee choose whether to continue without a representative.
Texas law does not require private employers to give employees access to their personnel files, although many employers allow it. Employees can access OSHA injury and illness records, and public employees can use the Public Information Act.
No. Retaliating against an employee for reporting harassment or discrimination, or for participating in an EEOC proceeding, is illegal under federal and Texas law.
The Lange Firm represents employees in Houston and across Texas. Attorney Evan Lange can help you prepare, respond in writing and protect yourself from retaliation or a wrongful termination.
The investigation creates a record.
Make sure your side is in it.
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