Investigating Employee Wrongdoing or Harassment

The 2003 Fair and Accurate Transactions Act (FACTA) permits third-party workplace investigations of employee wrongdoing if they “are not for the purpose of investigating employee credit.” There is no requirement for advance notice and prior consent.

FACTA does not require you to give the employee being investigated a copy of the third-party investigator’s report. If adverse action is taken, in whole or in part, based on the investigator’s report, you must only provide the employee with a summary report. The summary report need not disclose the identity of the individuals interviewed or the sources that provided information used in the report.