Workplace Investigations and Administrative Leave: Should the Employee Be Removed from the Workplace?
When a workplace complaint is received, one of the first questions employers often ask is:
Should we remove the employee from the workplace while the investigation is being conducted?
Whether the allegation involves harassment, bullying, discrimination, workplace violence, theft, or another form of misconduct, employers are often concerned about protecting employees, preserving evidence, and maintaining workplace stability. At the same time, removing an employee from the workplace can have significant consequences for both the organization and the individual involved.
The decision to place an employee on administrative leave should never be automatic.
Administrative Leave Is Not Required in Every Investigation
Many employers assume that a complaint automatically means the respondent should be sent home. In reality, administrative leave is often unnecessary and should be considered only after a careful assessment of the circumstances.
A workplace investigation can frequently proceed while the employee remains at work, particularly where there is no immediate risk to employee safety, no concern about interference with the investigation, and no operational reason preventing the individual from continuing to perform their duties.
Every situation should be assessed on its own facts.
Questions Employers Should Consider
Before placing an employee on administrative leave, consider the following:
Is There a Safety Risk?
An employee may need to be removed from the workplace where there are concerns about:
- Workplace violence or threats
- Intimidation of employees
- Serious harassment allegations
- Potential retaliation against complainants or witnesses
Could the Employee Interfere with the Investigation?
Consider whether the individual:
- Supervises potential witnesses
- Has access to evidence or records
- May influence witness statements
- Could compromise the integrity of the investigation process
Is There a Legitimate Business or Reputational Risk?
In some circumstances, the nature of the allegations or the employee’s role may create operational concerns that warrant temporary removal from the workplace.
Have Less Restrictive Options Been Considered?
Administrative leave should generally be viewed as a last resort.
Employers should first consider alternatives such as:
- Temporary reassignment
- Modified duties
- Remote work arrangements
- Adjusted reporting relationships
- Increased supervision
These measures may effectively address concerns while minimizing disruption to the employee and the workplace.
Administrative Leave Requires Ongoing Review
One of the most common mistakes employers make is treating administrative leave as a “set it and forget it” decision.
Circumstances can change throughout an investigation. Witnesses may be interviewed, evidence may be secured, or concerns that initially justified the leave may no longer exist.
Employers should periodically reassess:
- Whether the leave remains necessary
- Whether risks continue to exist
- Whether alternative arrangements are now appropriate
- Whether the employee can safely return to work pending the outcome of the investigation
Documenting these reassessments is an important part of demonstrating fairness and reasonableness.
Remember: Administrative Leave Is Not a Neutral Event
Although administrative leave is often described as non-disciplinary, employees frequently experience it as stressful and stigmatizing.
Being removed from the workplace can affect:
- Professional reputation
- Workplace relationships
- Mental health and well-being
- Employee engagement and trust
Employers should therefore ensure that any decision to remove an employee from the workplace is based on legitimate business reasons and not simply the existence of an allegation.
A Practical Example
Imagine a supervisor is accused of making inappropriate comments to several employees.
Should the supervisor automatically be sent home?
Not necessarily.
The employer should first assess:
- Whether employees are at risk
- Whether the supervisor has authority over witnesses
- Whether evidence could be influenced
- Whether temporary reporting changes could adequately address concerns
In some cases, reassignment or temporary supervision changes may be sufficient while the investigation proceeds.
The Importance of a Fair and Neutral Process
Workplace investigations can be complex and emotionally charged. Employers must balance their obligation to maintain a safe and respectful workplace with their duty to treat all parties fairly throughout the process.
A thoughtful approach to administrative leave decisions can help protect both the integrity of the investigation and the rights of the individuals involved.
Need a Neutral Third Party?
HR Proactive has been helping organizations build respectful workplaces since 1997. Our experienced investigators conduct neutral third-party workplace investigations and provide practical guidance to employers navigating harassment complaints, workplace conflict, misconduct allegations, and other complex workplace issues. Contact us to learn how we can help.
