An Employee Terminated For Not Cooperating in an Internal Investigation Does Not Automatically Constitute A Wrongful Termination

Recently a supervisor working for a California company was fired for not cooperating with his employer’s investigation regarding a subordinate’s claim against him for discrimination and harassment. The supervisor had criticized the subordinate’s work performance and the subordinate responded in turn by complaining to human resources that the criticism was a result of sexual discrimination and harassment.

An external investigator was hired to conduct the company's internal investigation. The investigator determined that the supervisor intentionally misrepresented some facts and was uncooperative during the internal investigation. As a result of this report, the supervisor was terminated. The supervisor then filed a lawsuit against his employer stating that he was wrongfully terminated for participating in the investigation.

The court applied California’s Fair Employment and Housing Act (FEHA) to the facts and issues and concluded that FEHA did not shield an employee against discipline, up to an including termination, for misconduct during an employer's internal investigation of a discrimination claim. Employees have a duty to be truthful and cooperate with their employers in an internal investigation; otherwise, the employer can discipline or terminate that uncooperative employee.

As employers, if you have questions pertaining to questionable conduct from an employee participating in an internal investigation, then contact Ronnie Gipson by telephone at 415.692.6520 or by email at Gipson@higagipsonllp.com.