Estimated reading time: 20 minutes

Key Takeaways

• If your employer is under a criminal probe, you could face subpoenas for testimony or documents, internal interviews, or requests to preserve records.

• Internal inquiries may ask you to give statements; whether you can be compelled to give statement at work depends on policies, employment status (public vs. private), and your legal rights.

• You generally have employer investigation employee rights to consult counsel, request representation in interviews, and be protected from retaliation for reporting or cooperating.

• Subpoena employee obligations matter: comply with valid orders or formally challenge them through counsel; never destroy evidence and preserve all potentially relevant information.

• Act quickly: seek legal advice immediately to balance cooperation with protecting your personal legal exposure.

Table of Contents

• Introduction

• What It Means When a Company Is Under Criminal Investigation

• Definition of a Company Criminal Investigation

• Common Triggers

• Typical Allegations

• Workplace Impacts

• Core Employee Rights During Company Criminal Investigations

• Right to Be Informed

• Right to Representation

• Right to Due Process

• Right to Privacy and Limits on Searches

• Protection Against Retaliation

• Jurisdictional Variations and Consulting Counsel

• Subpoenas in the Workplace — Types and What They Mean

• What Is a Subpoena and Types

• How Service Works and Deadlines

• Challenging or Limiting a Subpoena

• Immediate Steps When Served

• Employee Obligations and Legal Rights When Served With a Subpoena

• Duty to Comply or Challenge

• Fifth Amendment Privilege in Practice

• Asserting Privilege and Protecting Records

• Coordinating With Your Employer and Counsel

• Internal Criminal Probes — What “Cooperate With Internal Criminal Probe” Usually Means

• What Internal Probes Involve

• Internal vs. Government Investigations

• Cooperation Options for Employees

• Can You Be Compelled to Give a Statement at Work?

• Short Answer and Context

• Garrity Protections for Public Employees

• Consequences of Refusal vs. Cooperation

• Practical Requests Before Any Interview

• Limits on Employer Authority and Unlawful Practices to Watch For

• Personal Device Access and Passwords

• Retaliation and Witness Intimidation

• Coercive Interviews and Threats

• Improper Searches of Personal Property

• Red Flags to Document

• Balancing Cooperation and Legal Protections — Decision Framework for Employees

• Step-by-Step Decision Checklist

• Sample Scripts to Assert Your Rights

• Practical Step-by-Step Checklist for Employees

• Immediate Preservation and Litigation Holds

• Read Notices and Calendar Deadlines

• Engage Counsel and Union Representatives

• Document Contacts and Transfers

• Handling Document Subpoenas Strategically

• When to Get Outside Legal Help and What Type of Lawyer to Hire

• Types of Lawyers and When to Use Them

• What to Bring to Your First Meeting

• Questions to Ask Potential Counsel

• Employer Responsibilities — How Employers Should Treat Employees During Probes

• Notice and Scope

• Privacy and Noncoercive Interviews

• Neutrality and Use of Outside Investigators

• Conclusion

• FAQ

• Can my employer fire me for refusing to answer questions?

• What should I do if I’m handed a subpoena at work?

• Do I have to speak to investigators from law enforcement?

• When do Garrity protections apply?

Introduction

When your employer is the target of a criminal investigation, knowing your rights when company under criminal investigation is essential to protecting yourself. In these situations, employer investigation employee rights and subpoena employee obligations can collide with intense pressure to cooperate. You may be asked to cooperate with internal criminal probe interviews, respond to subpoenas, or turn over documents with little notice. Understanding where your obligations end and your protections begin helps you respond safely and confidently.

This matters because stakes are high: personal legal exposure, job consequences, reputational harm, and the stress that comes with uncertainty. You may face an internal interview one day and a law-enforcement request the next. Each step you take can affect both your employment status and your legal risks.

This guide explains your core protections, what subpoenas really require, how to cooperate with internal inquiries without waiving rights, and whether you can be compelled to give statement at work. It also offers a practical decision framework and a step-by-step checklist you can use immediately. For a broader primer on navigating interviews and HR processes, see our detailed overview of rights during workplace investigations.

What It Means When a Company Is Under Criminal Investigation

Definition of a Company Criminal Investigation

A criminal investigation of a company is a formal inquiry by law enforcement or regulators into suspected illegal conduct by the organization or its employees, including fraud, embezzlement, regulatory breaches, corruption, and related offenses. Triggers often include whistleblower reports, regulator audits, internal tips, or flagged financial patterns, which can swiftly lead to interviews, document demands, and preservation directives. Practical guidance for employers and employees navigating these processes is outlined in resources on managing investigations and duties to cooperate, such as this comprehensive primer on workplace investigations and employee responsibilities.

Common Triggers

Criminal probes commonly begin after a whistleblower raises concerns, a regulator notices anomalies in filings, or internal reports suggest wrongdoing. Regulatory audits can expose compliance gaps, and suspicious financial patterns may signal fraud or embezzlement. Employer-side guidance recognizes that off-duty and on-duty allegations alike can trigger serious review, a point underscored in insights for employers handling misconduct concerns beyond the workplace published by Shoosmiths.

Typical Allegations

• Fraud: intentional deception for financial or other gain.

• Embezzlement: misappropriation or theft of funds entrusted to an employee.

• Regulatory violations: failures to meet SEC, DOJ, or other agency requirements.

• Insider trading: trading securities based on material nonpublic information.

• Bribery/corruption: influencing decisions through improper payments or favors.

Investigations into these allegations may involve interviews, device imaging, and email reviews, often coordinated by internal or external counsel. For practical pointers on what employers should do to manage risks in such scenarios, consult best-practice guidance for handling sensitive misconduct reviews discussed by Shoosmiths and the employee-focused resource on investigation rights and responsibilities.

Workplace Impacts

Criminal inquiries disrupt daily operations. You may see sudden suspensions, reassigned duties, IT security sweeps, and urgent document-collection requests. Morale can dip and job insecurity can spike, especially if rumors spread or public filings become news. Employer-focused resources emphasize planning, clear communication, and impartial processes to reduce risk and protect fairness during these periods, as outlined in employer misconduct guidance.

Core Employee Rights During Company Criminal Investigations

Employees have specific legal protections and limits on employer authority during investigations. While cooperation may be expected, your rights place guardrails around what can be demanded and how processes should run.

Right to Be Informed

Employees should generally be put on notice if allegations involve them or if the employer plans disciplinary action, and they should receive enough information to meaningfully respond. This fundamental notice principle is reflected in best practices for fair investigations discussed by Shouse Law Group’s overview of workplace investigation rights.

Right to Representation

Employees usually may consult an attorney before interviews or document productions; in unionized workplaces, employees often can have a union representative present during investigatory interviews. Employee-oriented guides make this explicit, encouraging workers to secure counsel promptly when legal exposure is possible, as noted by both Shouse Law Group and the executive-focused primer on handling workplace investigations and your responsibilities.

Right to Due Process

Investigations should be conducted fairly and provide an opportunity to respond to allegations, especially when discipline is contemplated. Employers should avoid prejudgment and use reliable evidence; employees should be allowed to clarify facts and offer relevant documentation, as emphasized in employee-rights guidance on fair investigations.

Right to Privacy and Limits on Searches

Employers generally cannot demand personal passwords, search personal devices, or access confidential health records without consent or lawful authority—overreach can violate privacy laws and expose employers to liability. These limits and related risks are highlighted in both the U.S. perspective on employee rights during investigative processes and privacy constraints found in the GIR Employee Rights: U.S. Perspective and in Shouse Law Group’s privacy and investigation overview. For a deeper look at monitoring, email, and device access at work, review our guide on workplace privacy rights and, specifically on credentials, see our resource on whether a company can demand your social media passwords.

Protection Against Retaliation

Employees who report wrongdoing, cooperate with investigations, or provide truthful testimony are generally protected from retaliation, including termination or adverse action. Retaliation risks and anti-retaliation standards are discussed in Shouse Law Group’s investigation rights overview and the U.S.-focused analysis in the GIR Employee Rights report. If you believe you’re being punished for speaking up, learn more about your options in our guide on workplace retaliation and legal protection and our explainer on why a whistleblower protection lawyer can be crucial.

Jurisdictional Variations and Consulting Counsel

Some rights vary by state and by whether you work in the public or private sector. Public employees often have additional constitutional or statutory protections, while private employees are guided mainly by contract, policy, and general employment law. Because the details matter, consult a lawyer for state-specific rules and to address any criminal exposure or subpoenas directed at you.

Subpoenas in the Workplace — Types and What They Mean

What Is a Subpoena and Types

A subpoena is a court-backed order that compels a person to produce evidence or appear to testify. Two common forms are widely recognized in U.S. practice: a subpoena ad testificandum, which is a court order to appear and testify, and a subpoena duces tecum, which is a court order to produce documents or electronically stored information (ESI). For an accessible overview of employee-facing obligations and rights surrounding subpoenas and investigations, see the U.S. perspective in the GIR Employee Rights report.

How Service Works and Deadlines

Employees may be served at work, at home, by mail (where allowed), or by law enforcement, depending on jurisdictional rules. Deadlines for appearance or document production are typically specified on the face of the subpoena, and they can arrive with little lead time. If a subpoena implicates company records, promptly inform your employer’s legal team; if it seeks your personal records or testimony, contact your own counsel immediately to assess your subpoena at work legal rights and strategy.

Challenging or Limiting a Subpoena

Subpoenas are legally binding, but they can be challenged. Common options include objecting to overbreadth, seeking to protect privileged or confidential information, addressing undue burden, filing a motion to quash, or requesting a protective order. Employee-focused sources stress working through counsel to assert privilege and to narrow the scope when needed, as detailed in the GIR Employee Rights report.

Immediate Steps When Served

• Preserve evidence. Do not destroy, delete, or alter documents or ESI; preservation failures can trigger sanctions or criminal obstruction concerns.

• Read the subpoena carefully. Identify scope, deadlines, and whether it compels production, testimony, or both.

• Contact an attorney promptly. Subpoena employee obligations include either complying with valid orders or formally challenging them; your lawyer can evaluate options and communications.

• Notify your employer’s legal team if company records are implicated so they can coordinate holds and productions.

• Assess privacy and privilege. If personal records are sought, consider objections based on privilege, confidentiality, or undue burden, as reflected in the GIR Employee Rights analysis.

Employee Obligations and Legal Rights When Served With a Subpoena

Duty to Comply or Challenge

A valid subpoena must be complied with or formally challenged; ignoring it risks contempt findings, fines, or other court sanctions. Employees should not make unilateral decisions about scope—consult counsel to evaluate timetables, burdens, and objections supported by law. This duty-to-comply-or-challenge framework is a recurring theme in U.S. subpoena practice explained in the GIR Employee Rights report.

Fifth Amendment Privilege in Practice

Employees generally may refuse to answer questions that would incriminate them in criminal proceedings by invoking the Fifth Amendment privilege against self-incrimination. The privilege can be asserted during testimony (depositions, hearings, trials) and sometimes in investigatory settings. It does not usually block production of existing, non-privileged documents, unless producing them would be “testimonial” in a way that admits their existence, possession, or authenticity—an advanced issue that requires legal advice. For public employees, forced statements raise additional concerns under Garrity, discussed further below and in the primer on Garrity rights for public employees.

Asserting Privilege and Protecting Records

• Announce the privilege through counsel. Your attorney can notify the issuing lawyer or court that you will assert the privilege where answers risk self-incrimination.

• Use a privilege log for documents. For document requests, work with counsel to identify privileged materials, propose redactions, and produce a log explaining withheld items, consistent with the approach discussed in the GIR Employee Rights analysis.

• Coordinate on company records. If subpoenaed for employer records, notify the company’s legal/compliance team immediately to avoid conflicting productions or waivers.

Coordinating With Your Employer and Counsel

If served at work, inform the employer’s legal team promptly, especially if the subpoena appears to target company information. At the same time, secure your own attorney where your personal exposure is possible or if you are the subpoena’s named recipient. If criminal charges arise or you’re detained at work, our explainer on employment issues after an arrest at work breaks down key job risks and protections.

Internal Criminal Probes — What “Cooperate With Internal Criminal Probe” Usually Means

What Internal Probes Involve

An internal criminal probe is an employer-initiated fact-finding process focused on alleged criminal conduct or serious misconduct that could have criminal consequences. Typical actions include internal interviews, document requests, forensic collection of ESI, device imaging, disciplinary recommendations, and coordination with outside counsel or law enforcement. Concrete expectations for employee participation and fairness are summarized in employee-focused resources on workplace investigation rights and the executive-oriented guide to handling investigations and responsibilities.

Internal vs. Government Investigations

Internal investigations are employer processes that can lead to discipline; criminal investigations are government-led and can lead to prosecution. Statements made internally may be shared with prosecutors absent privilege or specific protections. Understanding these differences helps you decide what to say and when to pause for counsel. If you are accused of misconduct like theft or misappropriation, see our practical guide for employees accused of theft at work.

Cooperation Options for Employees

• Full cooperation with counsel. Participate in interviews after consulting your attorney, request representation, and ensure clarity about scope and use of statements.

• Limited cooperation. Answer non-incriminating questions and provide non-privileged documents while asserting rights to counsel or privilege.

• Refusal pending counsel. If questions risk self-incrimination, request time to consult an attorney and consider asserting constitutional protections.

Can You Be Compelled to Give a Statement at Work?

Short Answer and Context

It depends. In the private sector, an employer may require cooperation under policies or contracts, and refusal can sometimes lead to discipline. In the public sector, employees have additional protections: you still have Fifth Amendment rights in criminal cases, and special rules may apply to compelled, job-related statements. Whether you are compelled to give statement at work also turns on what protections are offered and whether the questioning is internal or by the government.

Garrity Protections for Public Employees

Garrity protects public employees from being compelled—under threat of job discipline—to make statements that are then used against them in criminal prosecution; such compelled statements may be inadmissible in criminal proceedings. Understanding Garrity is essential when a government employer directs interviews tied to potential misconduct, as explained in the Garrity rights primer and the U.S.-focused analysis of employee rights in the GIR Employee Rights report.

Consequences of Refusal vs. Cooperation

If policy or contract requires cooperation, a private employer may discipline refusal, but you can still assert legal protections when questions risk self-incrimination. For public employees, if statements are compelled under threat of discipline, Garrity principles may limit criminal use of those statements, but internal discipline can still proceed based on independent evidence. Balancing these outcomes requires careful, case-specific advice from counsel.

Practical Requests Before Any Interview

• Ask for scope in writing. Request a written description of the topics and whether the interview is voluntary or mandatory.

• Request counsel or representation. Confirm your right to have an attorney or union representative present for investigatory interviews.

• Document the process. Keep notes about who was present, what was asked, and what you said; ask for a copy or transcript where possible. If considering recordings, review our guide on recording workplace conversations lawfully.

• Do not sign prematurely. Don’t sign statements or confidentiality forms until your attorney reviews them.

Limits on Employer Authority and Unlawful Practices to Watch For

Personal Device Access and Passwords

Employers generally cannot demand access to your personal devices, personal accounts, or private passwords without consent or lawful authority. Overreach can violate privacy laws and lead to liability, as noted in guidance on employee rights in investigations. For more on social media credentials and related risks, see our plain-English explainer: Can an employer ask for your social media password?

Retaliation and Witness Intimidation

It is unlawful in many jurisdictions to retaliate against employees for reporting concerns or participating in investigations. Threats, demotions, or firing after protected cooperation can carry serious consequences for employers, as emphasized in both the Shouse Law Group’s investigation rights resource and the GIR Employee Rights report. If retaliation emerges, consult our practical overview of a workplace retaliation lawyer’s role.

Coercive Interviews and Threats

Coercive tactics—such as threatening termination solely to obtain incriminating statements—are risky for employers and may create claims or evidentiary issues. Employees should request representation, ask for scope in writing, and consider asserting constitutional or contractual rights before answering.

Improper Searches of Personal Property

Accessing personal property at the workplace (like your purse, locker, or personal phone) without consent or legal authority can violate privacy rights. Employees should state clearly that personal devices or accounts are private and seek legal advice before consenting to any search. The U.S.-focused analysis of investigative boundaries and lawful authority is summarized in the GIR Employee Rights report.

Red Flags to Document

• Demands for personal passwords or device imaging without written authority.

• Threats of termination solely for refusing potentially self-incriminating answers.

• Retaliation after reporting concerns or cooperating with investigators.

• Surprise interviews with no opportunity for representation.

• Inconsistent or vague explanations of interview scope or confidentiality.

Record dates, names, requests, and witnesses. If you’re uncertain about recording requests or meetings, consult our guide on lawful recording at work and your state’s consent laws.

Balancing Cooperation and Legal Protections — Decision Framework for Employees

Step-by-Step Decision Checklist

1. Determine who is asking. Clarify whether the request comes from internal counsel/compliance, outside counsel, or law enforcement.

2. Voluntary or required? Ask if cooperation is voluntary or required by policy/contract and request supporting language.

3. Get the scope in writing. Seek a written topic list and reasonable timeframe; ask if your statements will be shared with any external authorities.

4. Contact an attorney before interviews or production. Secure employment or criminal defense counsel to assess risks and privileges, consistent with best practices highlighted in Shouse Law Group’s employee-rights guidance and the investigations responsibility guide.

5. Preserve evidence. Save emails, messages, and files; do not delete or alter anything.

6. If you proceed, request representation. Have a lawyer or union rep present, take notes, and request a copy of any transcript or signed statement.

Sample Scripts to Assert Your Rights

• To an employer/investigator: “I want to cooperate, but I need to speak with my attorney before answering detailed questions. Please provide the scope of the interview in writing.”

• If served a subpoena: “I have received a subpoena. I will comply as required, but I will be represented by counsel. Please direct all communications to my attorney.”

For context on your broader workplace rights while an inquiry unfolds, see our comprehensive guide to rights during a workplace investigation.

Practical Step-by-Step Checklist for Employees

Immediate Preservation and Litigation Holds

• Preserve documents and ESI immediately. Save emails, chats, texts, and files; do not delete or modify anything. If your employer issues a litigation hold, follow it and notify IT as directed. Preservation duties and legal risks are highlighted in the GIR Employee Rights report.

Read Notices and Calendar Deadlines

• Read any notice or subpoena carefully. Confirm whether it compels testimony, documents, or both, and calendar the deadline immediately.

Engage Counsel and Union Representatives

• Contact a qualified attorney promptly. Criminal exposure, subpoenas, or high-stakes interviews require fast legal guidance, as emphasized in investigation response resources and employee-rights overviews.

• If unionized, notify your representative immediately. Confirm your right to have representation at investigatory interviews.

• If a public employee, ask about Garrity. Inquire whether a Garrity warning applies and request it in writing, referencing Garrity rights basics.

Document Contacts and Transfers

• Get requests in writing. Ask for written confirmation of interview scope and document requests.

• Keep a contemporaneous log. Track dates, times, attendees, and a short summary of interviews and document deliveries.

Handling Document Subpoenas Strategically

• Work with counsel on privilege and scope. Prepare a privilege log, propose reasonable limits, or seek a protective order where appropriate, consistent with the GIR Employee Rights guidance.

• Do not destroy evidence. Destruction risks obstruction charges or adverse inferences.

• Coordinate with employer legal teams. If company records are implicated, sync with the employer’s counsel to avoid conflicting productions.

When to Get Outside Legal Help and What Type of Lawyer to Hire

Types of Lawyers and When to Use Them

• Employment lawyer. For workplace discipline, retaliation, policy questions, and leave or accommodation overlaps.

• Criminal defense attorney. If you face personal criminal exposure or receive a subpoena to testify in a criminal matter.

• White-collar defense or complex litigation counsel. For sophisticated corporate fraud, securities, or regulatory enforcement investigations.

Guidance on choosing appropriate counsel and preparing for interviews is outlined in both the investigation-focused resource on handling investigations and responsibilities and the employee-rights summary by Shouse Law Group. If your situation involves retaliatory risks while you cooperate, our resource on whistleblower protection offers additional context.

What to Bring to Your First Meeting

• Any subpoena or written notice you received.

• Relevant employer policies and your employment agreement.

• A timeline of events with names and dates.

• Copies of relevant communications or documents.

• Names of potential witnesses or other involved employees.

• A written list of your questions and concerns.

Questions to Ask Potential Counsel

• Experience with workplace investigations, subpoenas, and interviews.

• Familiarity with Fifth Amendment and, if you are a public employee, Garrity issues.

• Communication style, fee structure, and expected timelines.

• Approach to negotiations with your employer and with prosecutors or regulators.

Employer Responsibilities — How Employers Should Treat Employees During Probes

Notice and Scope

Employers should provide written notice where practical, outline the scope of the investigation, and ensure employees understand expectations and deadlines. This reduces confusion, preserves fairness, and supports orderly evidence collection. For employer-side pointers, see guidance on managing misconduct investigations from Shoosmiths.

Privacy and Noncoercive Interviews

Employers should respect employee privacy, avoid coercive tactics, and permit representation where required. Investigations should be even-handed and designed to uncover facts, not to intimidate witnesses. These practices align with employee-rights centric resources on fair investigations and with the U.S.-focused analysis of investigative boundaries in the GIR Employee Rights report.

Neutrality and Use of Outside Investigators

For serious allegations, employers may use outside investigators or counsel to enhance neutrality and credibility. Maintaining impartiality protects both the business and its employees. A clear, even-handed approach also reduces retaliation risks and upholds integrity in the process. For employees, understanding these employer obligations can provide reassurance while you navigate your role and protect your rights.

Conclusion

Knowing your rights when company under criminal investigation helps you balance cooperation with protecting yourself. Always preserve evidence, request representation, and consult an attorney before making statements or producing sensitive documents. Strong documentation and timely legal advice can reduce risk and prevent costly mistakes.

As you respond to requests and deadlines, remember the core principles: respect subpoena employee obligations, guard your employer investigation employee rights, and never destroy or alter evidence. If you are uncertain or feel pressured, pause and ask your lawyer before proceeding. This article is informational and does not constitute legal advice; consult an attorney for advice specific to your situation.

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FAQ

Can my employer fire me for refusing to answer questions?

In the private sector, some policies require cooperation with internal investigations, and refusing may lead to discipline. But you still have employer investigation employee rights: you can request counsel, ask for interview scope in writing, and invoke the Fifth Amendment if answers may incriminate you. Public employees may have additional protections, including Garrity in certain compelled interviews, as explained in the Garrity basics and the U.S. analysis in the GIR Employee Rights report.

What should I do if I’m handed a subpoena at work?

Read it carefully, calendar deadlines, and preserve all relevant documents and ESI. Notify your employer’s legal team if company records are implicated and contact your attorney immediately to evaluate subpoena at work legal rights and any objections. Never destroy evidence; consider privilege, scope, and whether to seek a protective order, in line with the U.S. guidance summarized in the GIR Employee Rights report. For additional workplace context, see our guide to rights during workplace investigations.

Do I have to speak to investigators from law enforcement?

Interviews with law enforcement are generally voluntary unless you are under subpoena or court order. You can request an attorney and assert your Fifth Amendment privilege against self-incrimination. If you are a public employee facing a compelled internal interview, Garrity may protect you from having those statements used criminally, as discussed in the Garrity primer and the GIR Employee Rights analysis.

When do Garrity protections apply?

Garrity applies to public employees who are compelled to answer questions under threat of job discipline. Those compelled statements may be inadmissible in criminal proceedings, but internal discipline can still proceed on independent evidence. For more detail, review the Garrity rights basics and the U.S.-focused analysis in the GIR Employee Rights report, and see Shouse Law Group’s overview of workplace investigation rights.