Internal Investigations
When a company faces allegations of corruption, harassment, leaking confidential information or breaching company rules by an employee or executive, its first task is to investigate quickly, impartially and lawfully. We conduct internal investigations, designing the evidence gathering, interview and reporting stages so that the results can later be used in an employment case or a criminal investigation.
What is an internal investigation?
An internal investigation is an inquiry by the company into an alleged irregularity or breach of the law or company rules within the company, aimed at establishing the facts. Reviewing documents and electronic records, interviewing the people involved and reporting the findings are its core stages.
The outcome of an internal investigation often forms the basis for a disciplinary decision, termination of an employment contract, a claim for damages or a criminal complaint. The process must therefore be run from the start with these possibilities in mind, taking care that evidence is obtained lawfully.
Can an employee’s e-mails and devices be examined?
An employer may examine corporate e-mail accounts and company devices, but not without limits. According to decisions of the Constitutional Court and the European Court of Human Rights, employees must have been informed in advance that such examinations may take place, and the examination must pursue a legitimate aim and be proportionate to it. Otherwise the evidence obtained may be considered unlawful, and the examination may also breach the KVKK.
Scope
- Conducting internal investigations and designing evidence gathering, interview and reporting processes concerning the actions of employees or executives
- Securely collecting electronic evidence together with forensic IT specialists
- Handling disciplinary, termination or complaint processes after the investigation
- Preparing an internal investigation procedure
How We Work
- Defining the allegation and the scope; setting up the investigation team and ensuring its independence
- Preserving documents and electronic records and collecting them lawfully
- Interviewing witnesses and the people involved and recording the interviews in minutes
- Taking the defence of the employee concerned
- Reporting the findings and deciding on the actions to be taken
Team
Frequently Asked Questions
Does the six-business-day period for termination for just cause run during an internal investigation?
Under Court of Cassation case law, where an internal investigation is needed, the six-business-day period starts when the investigation is completed and its outcome is reported to the person or body with authority to terminate. However, the investigation must be completed within a reasonable time; unnecessarily prolonging it may cause the right to be lost.
Can we suspend the employee during the investigation?
Keeping the employee away from work temporarily for the integrity of the investigation is possible as long as their pay continues. Care should be taken that this does not turn into unpaid leave or a de facto termination.
What should we watch out for in interviews?
Interviews should be conducted without pressure, preferably by two people, and recorded in minutes. The purpose of the interview should be explained to the employee, and the minutes should be read and signed. Statements obtained under duress lose their value as evidence.
Why should a lawyer conduct the internal investigation?
The findings of the investigation may become the subject of a lawsuit or criminal investigation. Running the process within a legal framework from the start safeguards the lawfulness of the evidence, respect for employees' rights and the future usability of the findings.
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