Investigations
Government investigations can take many different forms and may be conducted by various entities. For example, investigations may be conducted internally by agency management, or an external entity or contract investigator could be involved. Evidence gathered during investigations is often used to support disciplinary and adverse actions, so it is important to understand your role in the investigation if you are directed to participate.
If you are contacted by an investigator or expect to be contacted by an investigator, reach out to me and I can guide you through the investigation process. I can help ensure the agency hears your side of the story while also ensuring you comply with your obligations as a federal employee. You can also learn more about government investigations in the question-and-answer section below and by visiting the Tyler Employment Law blog.
Questions & Answers with Emily
What types of investigations can the government conduct?
A common, catch-all type of investigation is an administrative investigation. You may also see these called "management inquiries," "preliminary inquiries," or other similar terms. These are investigations conducted by management. The government has the right to investigate incidents that occur in the workplace. Often evidence gathered in these investigations is used to support disciplinary actions, adverse actions, or other management actions.
Investigations may also be conducted by representatives of the agency's Office of the Inspector General. This office is charged with investigating allegations of fraud, waste, and abuse. Again, the evidence gathered in these investigations may be used to support disciplinary actions, adverse actions, or other management actions.
A third type of investigation you may encounter is an Equal Employment Opportunity (EEO) investigation. Once a formal EEO complaint is filed and accepted by a federal agency, the agency is required to conduct an investigation within 180 days. Evidence gathered during this type of investigation creates a factual record to help the agency and/or an Equal Employment Opportunity Commission (EEOC) administrative judge determine whether discrimination occurred. The investigator could be an agency employee or an outside contractor. Review the following section to learn more about the purpose of EEO investigations: EEO Complaints.
How might I be involved in an investigation?
You might be interviewed as the subject of the investigation (meaning the government is gathering information about your actions) or you may be interviewed as a witness to an incident or the conduct of another individual.
Am I required to cooperate with the investigator?
Yes. As a federal employee, you are required to cooperate with the investigator, and you must provide truthful answers to questions asked. Failure to cooperate may result in disciplinary or adverse action, including removal from federal service. The exception is that you cannot be forced to answer questions if the answers could subject you to criminal prosecution. Therefore, it is very important to know whether there is a possibility of criminal prosecution before you start answering questions. Your agency should advise you of your rights on this topic at the start of the investigative interview.
How can you help me if I am involved in an investigation?
I can ensure you are prepared for the investigative interview in advance. Depending on the type of investigation, you may or may not be permitted to have an attorney present with you during the interview. However, even if I cannot attend the interview with you, I can ensure you are prepared before you walk in. Together, we can determine the nature of the investigation and your role. I can assist you in collecting your thoughts and help you to best articulate your recollection of events. Further, I can prepare you to handle vague or poorly worded questions, ensuring you comply with your obligations as a federal employee while also providing the most accurate version of events to the agency. Investigations are stressful regardless of whether you are the subject or merely a witness. My legal advice and guidance can ensure you are calm and prepared.