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What to do if…
you are contacted by an external investigator or lawyer about your workplace and you are unsure what to share

Short answer

Don’t answer substantively right away. Verify who’s contacting you and whether it’s voluntary or legally required, then get representation/support before you share information or documents.

Do not do these things

  • Do not email, text, or upload work files to a personal account or to anyone outside your employer.
  • Do not delete, edit, or “clean up” messages/files after you’ve been contacted.
  • Do not speculate, guess, or accept someone else’s timeline if you’re unsure.
  • Do not sign a statement or confirm an interview summary you haven’t reviewed carefully.
  • If you want private advice, avoid using work email/devices where possible (work systems may be monitored or later reviewed).
  • Do not record calls/meetings unless you’re sure it’s lawful in your state and allowed by policy, or you have clear consent.

What to do now

  1. Slow it down and get details in writing. Ask for:
    • name, organization/law firm/agency, and who they represent
    • what they want from you (interview, documents, statement) and why (at a high level)
    • whether it’s voluntary or compelled, and any deadline
  2. Verify identity independently. Use official contact information (agency website, firm main line) to confirm the person and request are real before you continue.
  3. If it’s a government agency, confirm the basics before you talk. Ask for the agency, office, case/reference number, and whether they’re requesting a voluntary interview or serving a formal demand (for example, a subpoena). If it’s voluntary, you can ask to schedule it.
  4. Get the right support before any investigatory interview.
    • If you are union-represented (common in NLRA-covered private-sector settings): request representation before answering questions you reasonably believe could lead to discipline. Be explicit: “I request my union representative before we continue.” (Coverage varies by role and workplace; requesting is still a good first move if you’re unsure.)
    • If you are not union-represented or you’re worried about personal exposure: consider consulting your own attorney before speaking, especially if questions involve fraud, harassment, safety incidents, or alleged misconduct.
  5. Notify the right internal contact when it’s safe to do so. If this relates to your employer (outside counsel, insurer investigator, vendor investigator), inform HR/legal/compliance and share the written request. If you fear a conflict or retaliation, consider getting independent advice first.
  6. Preserve information—don’t move it around. Don’t delete anything relevant. Don’t copy large sets of records to personal devices. If your employer issues a “litigation hold,” follow it. Keep a simple personal log of who contacted you and when (without copying confidential content).
  7. If the interviewer is company counsel, clarify representation before you answer. Ask: “Who do you represent?” and whether they can give an Upjohn-style warning (that the lawyer represents the company, and the company controls any privilege). If you feel personally at risk, pause and seek your own counsel before continuing.
  8. If you’re served with legal papers, treat it as time-sensitive. If you receive a subpoena/summons/official notice, don’t ignore it. Preserve the deadline, notify your employer’s legal team so the organization can respond appropriately, and if you think your interests may differ from your employer’s, consult your own attorney as well.

What can wait

  • You do not need to decide your whole strategy today; your immediate job is to verify the request and avoid irreversible mistakes.
  • You do not need to provide a detailed narrative immediately; it’s reasonable to ask for time to review records.
  • You do not need to resolve workplace politics right now; keep your actions narrow, factual, and documented.

Important reassurance

Being contacted by an investigator or lawyer can feel intimidating even when you did nothing wrong. Asking for written details, time to prepare, and representation before you speak is normal and reasonable.

Scope note

These are first steps only. What to do next depends on whether this is an internal investigation, a civil dispute, or a government inquiry, and whether you have any personal legal risk.

Important note

This is general information, not legal advice. If you’re unsure whether you can share documents or data, or you think you could face discipline or personal legal exposure, get advice from a qualified attorney in your state.

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