What to do if…
you are contacted by an external investigator or lawyer about your workplace and are unsure what to share
Short answer
Pause before answering detailed questions or sending workplace records. Ask for the request in writing, verify who contacted you independently, and get prompt legal advice if the request may affect you personally or includes legal papers.
Do not do these things
- Do not guess, speculate, or agree with a timeline you are unsure about.
- Do not delete, edit, rename, or tidy up messages, files, notes, or records after the contact.
- Do not move, copy, upload, or send workplace records unless an authorised process has been confirmed.
- Do not sign a statement or approve an interview summary you have not reviewed carefully.
- Do not assume that a lawyer for your employer represents you personally.
- Do not secretly record a call or meeting unless a qualified adviser has confirmed that doing so is lawful and appropriate.
- Do not ignore a subpoena, summons, official notice, or stated deadline.
What to do now
- Ask for written details before a substantive conversation. Ask for the person’s name, organisation, contact details, who they represent, what they want from you, whether the request is voluntary, and whether there are any papers or deadlines.
- Verify the contact independently. Use an official agency website or the main public number for the law firm or organisation. Do not rely only on a phone number, email address, or link supplied in the unexpected message.
- Keep records where they are. Do not delete or relocate relevant workplace material. Make a brief personal note of who contacted you, when they contacted you, how they contacted you, and what they requested. Do not copy confidential workplace content into that note.
- If you are asked to attend a workplace investigatory interview and you are union-represented, request union representation before answering questions if you reasonably believe the interview could lead to discipline. You can say: “I request union representation before we continue.” Coverage can vary by workplace and role, so ask your union promptly if you are unsure.
- If the interviewer is a lawyer for your employer, ask for clarity before answering. Ask who the lawyer represents, whether the lawyer represents you personally, and whether the company controls any attorney-client privilege that may apply to the interview.
- If the contact may put your own interests at risk, seek independent legal advice promptly. This may matter where the questions concern alleged misconduct, fraud, harassment, safety issues, confidential information, or possible retaliation. Where possible, use a personal device and personal account to arrange confidential advice rather than a workplace system.
- If you receive a subpoena, summons, official notice, or other formal papers, preserve them and note when they arrived. Do not ignore the deadline. Obtain prompt advice from an attorney who can assess whether the papers concern you, your employer, or both.
- Decide whether to notify an internal contact only after checking for conflicts. It may be appropriate to notify HR, legal, compliance, or a union representative, but seek independent advice first if you are concerned that your interests may differ from your employer’s or that retaliation may be a risk.
What can wait
- You do not need to give a detailed narrative during an unexpected voluntary call.
- You do not need to decide your entire strategy before you have verified the request.
- You do not need to resolve workplace politics now.
- You do not need to organise or copy large sets of records yourself.
- Formal papers and stated deadlines should not wait.
Important reassurance
Pausing to verify an unexpected request is a sensible step. Asking who a lawyer represents, keeping records unchanged, and seeking advice before sharing sensitive information are ordinary precautions.
Scope note
These are first steps only. Later decisions may depend on the type of investigation, whether the request is voluntary or formal, your role, your workplace, and whether your interests differ from your employer’s. A qualified attorney or union representative may be needed.
Important note
This is general information, not legal, medical, financial, therapeutic, or other professional advice.
Additional Resources
About this guide
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