A workplace investigation is a fact-finding process used by an employer to determine what happened after a complaint, allegation of misconduct or serious workplace incident.

Investigations commonly involve harassment, bullying, discrimination, violence, dishonesty, conflicts between employees or alleged breaches of workplace rules. In several Canadian jurisdictions, employers also have specific legal duties to investigate harassment or violence complaints.

If you are involved in an investigation, take it seriously. Cooperate, tell the truth, provide relevant evidence and make sure you understand the allegations before responding. An investigation can lead to discipline or termination, but an allegation by itself does not prove misconduct.

⚠️ If you are accused of serious misconduct, don’t resign, admit wrongdoing you dispute or sign a disciplinary document just to make the investigation go away. Your response can affect whether the employer later claims it has cause to fire you.

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What Is a Workplace Investigation?

A workplace investigation gathers and assesses evidence so an employer can decide whether an allegation or complaint is supported by the facts.

An investigation can begin after:

  • A workplace harassment complaint
  • An allegation of sexual harassment
  • Bullying or threatening behaviour
  • A discrimination complaint
  • An allegation of violence
  • Theft, fraud or dishonesty allegations
  • A serious breach of workplace policy
  • A complaint involving a manager or coworker

The purpose should be to find facts, not simply to confirm a conclusion the employer has already reached.

Does every workplace complaint require a formal investigation?

No. The appropriate response depends on what was reported and the law that applies.

However, employers in Ontario must ensure that workplace harassment complaints and incidents are investigated in a manner appropriate in the circumstances. Alberta employers must investigate incidents of workplace harassment or violence. B.C. employers must also have procedures for responding to and investigating bullying and harassment reports.

Read more about workplace harassment in Canada.

How Does a Workplace Investigation Work?

A fair investigation normally identifies the allegations, gathers relevant evidence, interviews the people involved and reaches findings based on the available facts.

A typical investigation can include:

  1. A complaint or concern is raised. The employer identifies what needs to be investigated.
  2. The investigator is selected. This can be an internal HR professional, manager or external investigator.
  3. Relevant documents are collected. Emails, text messages, policies, records and other evidence can be reviewed.
  4. The complainant is interviewed. They explain what happened and provide supporting information.
  5. The person accused is interviewed. They should have a meaningful opportunity to respond to the substance of the allegations.
  6. Witnesses are interviewed. Other people with relevant information can be asked what they saw or heard.
  7. Findings are made. The investigator determines what the evidence supports.
  8. The employer decides what happens next. This can include no action, corrective steps, discipline or termination.

The process does not need to look exactly the same in every workplace. The investigation should fit the seriousness and complexity of the allegations.

How long should a workplace investigation take?

It should be completed promptly, but there is no single Canada-wide deadline.

Ontario guidance says workplace harassment investigations should ideally be completed within 90 days unless there is a compelling reason for additional time.

Can an employer use an outside investigator?

Yes. An external investigator can be appropriate when the complaint is serious, senior management is involved or an internal investigator could reasonably appear biased.

💡 A workplace investigator does not decide whether you are guilty of a crime. Their role is usually to determine, on the workplace evidence, whether the allegations are substantiated under the employer’s policies and applicable employment rules.

What Are Your Rights During a Workplace Investigation?

You should be given a fair opportunity to participate, provide relevant evidence and respond to allegations that could lead to findings against you.

If you are being interviewed, you should:

  • Ask what issue or allegations are being investigated
  • Answer questions truthfully
  • Correct inaccurate assumptions
  • Provide relevant emails, messages or documents
  • Identify witnesses who have useful first-hand information
  • Make notes of important meetings and instructions

You do not necessarily have a right to receive every document or witness statement during an internal investigation. Workplace investigations are not court proceedings.

Do you have the right to know who complained?

Not always. Employers must balance fairness with confidentiality and privacy obligations.

However, if serious findings are being considered against you, you should receive enough information about the substance of the allegations to provide a meaningful response.

Can you have a lawyer at an investigation meeting?

Not automatically in every non-unionized workplace. Whether a support person or lawyer can attend depends on the circumstances and workplace rules.

You can still speak with an employment lawyer before the meeting, particularly if the allegation could lead to termination for cause.

Is a workplace investigation confidential?

It should be kept confidential as far as reasonably possible, but complete secrecy cannot be guaranteed.

Information often needs to be shared with the investigator, witnesses or other decision-makers in order to investigate properly and take corrective action.

What Should You Do If You Are Accused of Workplace Misconduct?

Take the allegation seriously, cooperate with the investigation and respond carefully with facts and evidence.

Do not assume the employer has already decided the outcome. At the same time, do not treat an investigation interview as a casual conversation.

Before responding:

  • Ask for enough detail to understand the allegation
  • Review relevant emails, messages and workplace policies
  • Prepare a clear timeline of what happened
  • Separate what you know personally from assumptions or rumours
  • Identify evidence that supports your version of events
  • Avoid contacting the complainant to influence their participation
⚠️ Do not delete messages, alter records or ask witnesses to change their account. Those actions can create a separate misconduct issue even if the original allegation was weak.

Can your employer suspend you during the investigation?

Yes, an employer can remove an employee from the workplace while serious allegations are investigated.

Whether the suspension can be unpaid is a separate legal issue. An unjustified unpaid suspension can create constructive dismissal concerns.

See our guide to suspension from work in Canada.

Can you be fired before the investigation is finished?

An employer can terminate a non-unionized employee without cause if it provides proper compensation and the termination is not discriminatory or otherwise unlawful.

But if the employer claims just cause and refuses severance, it needs strong evidence supporting serious misconduct. A rushed or unfair investigation can weaken that position.

Being accused of misconduct does not automatically mean your employer has cause to fire you without severance.

What If You Made the Workplace Complaint?

If you made a complaint, provide specific facts, relevant evidence and the names of witnesses who can confirm what happened.

A strong complaint usually identifies:

  • What happened
  • When and where it happened
  • Who was involved
  • Who witnessed the events
  • Relevant emails, texts or other records
  • Whether you previously reported the problem

Stick to facts. You do not need to prove the case before making a complaint, but providing specific information gives the investigator something meaningful to examine.

Does your employer have to tell you the outcome?

In some jurisdictions and investigation types, employers must tell the parties about the investigation results and corrective action taken or to be taken.

That does not necessarily mean you will receive the full investigation report or details of confidential discipline imposed on another employee.

Can your employer punish you for making a complaint?

Your employer cannot lawfully retaliate against you for exercising protected workplace rights, including legitimate harassment, safety or human rights complaints.

A demotion, discipline, reduced hours or termination shortly after a complaint can raise workplace retaliation issues.

⚠️ If the workplace has become intolerable after your complaint, don’t resign before determining whether retaliation, harassment or the employer’s failure to respond has created constructive dismissal rights.

What Can Happen After a Workplace Investigation?

An investigation can result in no finding of misconduct, corrective action, discipline or termination.

Possible outcomes include:

  • The complaint is not substantiated
  • Coaching or additional training
  • A written warning
  • Changes to reporting relationships or workplace procedures
  • Disciplinary suspension
  • Termination without cause
  • Termination for cause

The punishment should fit what the investigation actually establishes. An employer should not treat every policy breach as grounds for immediate termination without severance.

What if you disagree with the investigation findings?

Put your concerns in writing and identify specific errors, missing evidence or unfair steps in the process.

If the findings lead to serious discipline or termination, have the investigation and the employer’s decision reviewed before accepting the result.

What if you are fired for cause after an investigation?

Do not assume the cause allegation is valid. Employers face a high legal threshold before they can terminate an employee without notice or severance.

If cause is not established, you can be entitled to proper severance pay. Depending on factors such as age, position, length of service and the availability of similar employment, severance can reach 24 months’ pay.

What if the investigation itself was unfair?

An unfair investigation can matter when the employer relies on flawed findings to discipline or fire you.

The legal consequences depend on what the employer did with the findings and whether your contractual, human rights or statutory protections were violated.

⚠️ Unionized? Workplace investigations, discipline and termination disputes must be addressed through your union and the grievance process. Samfiru Tumarkin LLP’s employment law team can’t assist with unionized workplace disputes.

Workplace Investigation FAQs

Do I have to participate in a workplace investigation?

Usually, yes. Employees are generally expected to cooperate with reasonable workplace investigations.

Can I refuse to answer an investigator’s questions?

Refusing without a valid reason can create employment consequences. Get legal advice first if answering could expose you to serious disciplinary or other legal risk.

Can HR investigate me without warning?

An employer can begin an investigation when concerns arise, but you should receive enough information to respond meaningfully before adverse findings are made.

Do I get a copy of the investigation report?

Not necessarily. Your right to information depends on the jurisdiction, type of investigation and workplace rules.

Can an investigation lead to termination?

Yes. Serious findings can lead to termination, but the investigation does not automatically establish just cause or eliminate severance rights.

Workplace investigations can affect your reputation, job security and severance rights. Whether you made the complaint or are responding to an allegation, document what happened and avoid making irreversible decisions before understanding your position.

Samfiru Tumarkin LLP advises and represents non-unionized employees in Ontario, Alberta and British Columbia who are facing serious workplace allegations, discipline, retaliation or termination following an investigation.

Facing a Workplace Investigation?

Whether you made the complaint or are being accused, understand your rights before the investigation leads to discipline, termination or resignation.

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