Workplace Investigations in Los Angeles: Rights of the Accused Employee

Being accused of misconduct at work is terrifying. In Los Angeles, where major employers in entertainment, healthcare, and government run internal investigations that can end careers overnight, the accused employee often has no idea what rights they actually have. HR calls you into a room. Someone from an outside firm is asking questions. You don’t know what you’ve been accused of, who made the complaint, or whether your answers will be used to justify firing you.

I’m Mikoe Tretola, and I’ve represented accused employees at Mister Wolf P.C. across LA’s biggest industries as part of our Los Angeles employment law practice. Studios in Burbank and Century City. Hospital systems running from Cedars-Sinai to LAC+USC. Government agencies headquartered in the Civic Center. The investigations vary in sophistication, but the power imbalance is always the same. The employer controls the process. The accused employee is expected to cooperate without knowing the rules of the game.

That imbalance doesn’t mean you’re powerless. But you need to understand what protections exist, where the traps are, and what you should be doing from the moment you learn an investigation is underway.

What standard must employers meet in a workplace investigation?

California law requires employers to conduct workplace investigations in good faith. The leading case on this issue is Cotran v. Rollins Hudig Hall International (1998) 21 Cal.4th 946, decided by the California Supreme Court. Cotran established that an employer doesn’t need to prove the accused employee actually committed misconduct. Instead, the employer must show it conducted a fair and thorough investigation and had a good faith belief, based on that investigation, that the employee engaged in the conduct in question.

What “good faith” means

A good faith investigation requires the employer to take the complaint seriously, interview relevant witnesses, review available evidence, and give the accused employee a meaningful opportunity to respond before making a termination decision. The investigation doesn’t need to be perfect. It doesn’t need to meet the evidentiary standards of a courtroom. But it can’t be a rubber stamp.

If the employer decided to fire you before the investigation started and used the investigation as cover to justify a predetermined outcome, that’s not good faith. If the investigator only interviewed the accuser and never spoke to you, that’s not good faith. If the employer ignored evidence that contradicted the complaint, that’s not good faith.

The Silva standard for investigation scope

In Silva v. Lucky Stores, Inc. (1998) 65 Cal.App.4th 256, the California Court of Appeal held that the employer must conduct an investigation that is “appropriate under the circumstances.” This means the scope and rigor of the investigation should match the severity of the allegations. A complaint about minor workplace rudeness doesn’t require a three-month external investigation. An allegation of sexual assault does. Employers that under-investigate serious complaints or over-investigate minor ones to justify a firing both run into legal trouble.

Do you have the right to know what you’re accused of?

This surprises most people. California law does not require employers to give you a detailed written summary of every allegation against you before interviewing you. But the Cotran good faith standard effectively requires the employer to tell you enough about the allegations that you can meaningfully respond.

Practical reality in LA investigations

In my experience, the level of disclosure varies dramatically. Government employers in Los Angeles, particularly those covered by civil service protections, tend to provide more detailed notice of allegations. The County of Los Angeles, the City of Los Angeles, and the LA Unified School District all have internal policies and collective bargaining agreements that outline the accused employee’s right to notice.

Private employers in entertainment and tech are often less transparent. A client of mine, a mid-level executive at a production company near the Culver City studios, was called into an investigation meeting and told only that “concerns had been raised about your conduct.” No specifics. No names. No dates. He was expected to respond to allegations he couldn’t identify. He wisely declined to answer substantive questions without more information and retained a lawyer the same day.

If you’re told an investigation is underway and you’re the subject, ask these questions in writing: What specific conduct is being investigated? What is the approximate time frame of the alleged conduct? Will I have an opportunity to respond to the allegations and present my own evidence? Keep a copy of the questions and whatever answers you receive.

Which investigation failures can support a wrongful termination claim?

Investigations go wrong in predictable ways. I see the same failures repeated across industries in Los Angeles, and each one can transform a defensible termination into a wrongful termination lawsuit.

Failure to interview key witnesses

The investigator speaks to the complainant and maybe one corroborating witness, then fires the accused employee without talking to anyone who might have exculpatory information. If three people were in the room when the alleged incident occurred and the investigator only spoke to one of them, the investigation is deficient.

Failure to preserve evidence

Text messages get deleted. Emails get purged. Security camera footage gets overwritten. California’s discovery rules require employers to preserve relevant evidence once litigation is reasonably anticipated. Spoliation of evidence (destroying or failing to preserve it) can lead to sanctions, adverse inference instructions at trial, and independent claims for destruction of evidence.

Bias in the investigator

Some employers assign the investigation to the very HR manager who received the complaint, creating an obvious bias. Others hire outside investigators but give them a pre-determined conclusion to support. In LA’s entertainment industry, where personal relationships and industry politics run deep, I’ve seen investigations compromised by the investigator’s own conflicts of interest.

Disproportionate discipline

The investigation finds that the accused employee committed a minor policy violation, like using a mildly inappropriate phrase in a meeting. The employer fires them. Meanwhile, other employees who committed the same or worse conduct received verbal warnings. Inconsistent discipline is strong evidence that the real reason for the termination was something else entirely, something illegal like discrimination or retaliation.

If you’re being investigated, start documenting comparators immediately. Who else at the company has been accused of similar conduct? What happened to them? If you know of colleagues who committed the same or worse behavior and kept their jobs, that information is valuable.

Should you hire your own lawyer during a workplace investigation?

The employer’s investigator works for the employer. Not for you. The company’s HR team works for the company. Not for you. If you’re the accused employee, nobody in that process is looking out for your interests.

When to hire a lawyer

Hire a lawyer as soon as you learn you’re the target of an investigation, especially if the allegations involve termination-level conduct (harassment, discrimination, fraud, theft, violence) or if you work in a regulated industry where the investigation could trigger professional licensing consequences.

In Los Angeles, healthcare workers investigated by their employer may also face reporting to the Medical Board of California or the Board of Registered Nursing. Entertainment industry workers may face de facto blacklisting if word of an investigation leaks (and it usually does). Government employees may face administrative proceedings that carry their own procedural requirements. The stakes go beyond the single job.

What your lawyer can do

Your lawyer can advise you on what to say and what not to say during investigation interviews. They can help you prepare a written statement that presents your version of events clearly and accurately. They can identify whether the investigation process violates your rights under your employment contract, collective bargaining agreement, or applicable law. And they can start preparing your wrongful termination claim if the employer terminates you based on a flawed investigation.

Your lawyer typically cannot attend the investigation interview unless your employer agrees or a collective bargaining agreement provides for it. Private-sector employees generally don’t have a right to have counsel present during an employer’s internal investigation. But nothing stops you from consulting your lawyer before and after every interview.

What documentation should you create immediately?

The moment you learn an investigation is underway, start building your own file. Don’t wait until you’ve been terminated. Don’t rely on the employer’s records, because those records are controlled by the party that may be trying to fire you.

Your personal timeline

Write a detailed chronological account of the events in question. Include dates, times, locations, who was present, and what was said. Do this on your personal device, not your work computer or work phone. Email it to your personal email address so the timestamp is preserved.

Witness list

Identify every person who has relevant information, especially anyone who can support your account or contradict the complainant’s version. Write down their names, job titles, and what they witnessed. Your lawyer will need this list.

Performance records

Gather copies of your performance reviews, awards, commendations, positive emails from supervisors, and any other evidence showing that you were a good employee before the investigation began. If the employer tries to claim they fired you for performance, this documentation undermines that narrative.

Communications

Save every email, text message, chat log, and voicemail related to the investigation, your work performance, and your interactions with the complainant. Screenshot messages on work platforms (Slack, Teams, internal messaging) and store copies on your personal device. Work accounts can be locked or deleted without notice once a termination decision is made.

Do this today. Don’t assume you’ll have time later. Once the termination happens, your access to work systems disappears instantly.

Can your employer retaliate after you cooperate in an investigation?

California Labor Code section 1102.5 prohibits employers from retaliating against employees who disclose information to a government agency, law enforcement, or a person with authority over the employee if the employee has reasonable cause to believe the information relates to a violation of law. This whistleblower protection is broad, and courts have interpreted it to cover employees who cooperate in internal investigations that involve potential legal violations. For a deeper look at that statute, see our guide to California whistleblower protections under Labor Code section 1102.5.

Retaliation as a witness

If you’re not the accused employee but a witness who participates in the investigation, you’re also protected. Employers cannot fire, demote, or discipline you for providing truthful testimony during a workplace investigation. If the investigation involves potential violations of employment law (harassment, discrimination, wage theft), your cooperation is protected activity.

The 90-day presumption and the 1102.6 burden shift

Two rules matter. Labor Code section 98.6 creates a rebuttable presumption of retaliation when an employer takes adverse action within 90 days of protected activity covered by that section, including activity tied to Labor Code section 1102.5. Labor Code section 1102.6 separately supplies the burden-shifting rule for whistleblower claims: once the employee proves by a preponderance of the evidence that protected activity was a contributing factor, the employer must prove by clear and convincing evidence that it would have taken the same action for legitimate, independent reasons anyway.

A worker at a large healthcare facility near the LA County Medical Center complex reported to her supervisor that a colleague was falsifying patient records. The employer launched an investigation. The worker cooperated. Three weeks later, she was transferred to a less desirable shift and then fired for “insubordination.” The temporal proximity between her cooperation and the adverse action, combined with the absence of any prior discipline, made the retaliation claim straightforward. We filed in LA Superior Court and the case settled before trial.

What role does LA Superior Court play in workplace investigation disputes?

Los Angeles Superior Court, headquartered at the Stanley Mosk Courthouse on North Hill Street in downtown LA, handles the majority of wrongful termination cases arising from flawed workplace investigations. The court’s complex civil litigation departments handle cases where the damages exceed certain thresholds or where the legal issues are sufficiently involved.

Common claims after flawed investigations

An employee fired after a flawed investigation can bring claims for wrongful termination in violation of public policy, breach of the implied covenant of good faith and fair dealing, defamation (if the employer published false statements about the investigation’s findings), and FEHA violations if the underlying investigation was motivated by discrimination.

How LA juries evaluate employment cases

LA juries hear a lot of employment cases. They understand workplace dynamics, particularly in the entertainment and healthcare industries that define the local economy. A well-presented case showing that the employer ran a sham investigation to justify a discriminatory or retaliatory firing resonates with LA jurors who’ve seen similar dynamics in their own workplaces.

According to the Bureau of Justice Statistics, plaintiffs in employment discrimination trials win damages in approximately 50% to 60% of cases that go to verdict, but the amounts vary widely based on the egregiousness of the employer’s conduct and the strength of the evidence.

Which LA industries see the most workplace investigations?

Entertainment

Studios, production companies, and talent agencies in Burbank, Hollywood, Century City, and Culver City run investigations constantly. The #MeToo movement generated a wave of misconduct complaints that has not subsided. Investigations in this industry carry extra weight because the findings, or even the existence of the investigation, can destroy careers and reputations far beyond the single employment relationship.

Entertainment investigations have a pattern I’ve seen repeatedly. A complaint is filed. The studio or agency hires an outside law firm to investigate. The outside firm conducts interviews over a compressed timeline, often just two to three weeks, because production schedules and deal calendars drive everything. The accused employee gets a single interview, often scheduled with less than 48 hours’ notice. The investigator’s report goes to the company’s general counsel. A termination decision follows within days.

The compressed timeline creates real prejudice for the accused. Witnesses on set may have already wrapped and moved to different productions across the country or overseas. The accused employee’s attorney has almost no time to prepare a rebuttal. And the investigator’s report, which the employee usually never sees in full, becomes the basis for both the termination and any subsequent industry reputation damage. If you work in entertainment and receive notice of an investigation, retain counsel the same day, not the same week.

Healthcare

LA County’s hospital systems, both public (LAC+USC, Harbor-UCLA, Olive View) and private (Cedars-Sinai, UCLA Health, Providence), conduct investigations related to patient safety, HIPAA violations, and interpersonal misconduct. Healthcare investigations often involve regulatory implications, including potential reports to the Department of Public Health or licensing boards.

Government

The County of Los Angeles is one of the largest employers in the nation, with over 100,000 employees. The City of Los Angeles, LAUSD, and dozens of other public agencies employ tens of thousands more. Government investigations typically involve additional procedural protections, including Skelly hearing rights for civil service employees and Lybarger/Garrity protections for public employees compelled to answer questions.

What steps should you take right now if you’re under investigation?

Stop talking to coworkers about the investigation. Every conversation you have can become a witness statement used against you. Be professional and cooperative with the investigator, but don’t volunteer information beyond what’s asked. And don’t lie. False statements during an investigation, even about peripheral matters, give the employer an independent and legitimate basis to terminate you.

Hire a lawyer before your first interview, not after your termination. The cost of a consultation is trivial compared to the cost of losing your job and your claims because you said the wrong thing during an investigation interview.

At Mister Wolf P.C., we advise accused employees throughout the investigation process and represent them if termination follows. For broader context on California employment law protections, explore our practice area page. If you’re under investigation and need guidance, contact us with a summary of the situation: timeline, your role, and what you’ve been told. We’ll assess your exposure and explain your options before the next interview.