Are you and your team conducting a workplace investigation? One of the most critical aspects of any investigation is to ensure confidentiality. Failing to keep information confidential can lead to mistrust, lack of cooperation, and even legal consequences.
To protect the privacy of all parties involved, it`s essential to have a workplace investigation confidentiality agreement. This agreement outlines the terms of confidentiality and ensures that all parties involved in the investigation are aware of the expectations and consequences for failing to maintain confidentiality.
Here’s a template for a workplace investigation confidentiality agreement:
Workplace Investigation Confidentiality Agreement
This Confidentiality Agreement (the “Agreement”) is made and entered into by and between [company name] (the “Company”), and [employee name] (the “Employee”) (collectively referred to as the “Parties”) on the date of [insert date].
Background
The Company has initiated an investigation into concerns that have been raised regarding [insert reason for investigation]. The Employee has been identified as someone who may have information relevant to the investigation.
The Company has determined that confidentiality is essential to the success of this investigation. Therefore, the Company requires the Employee to maintain the confidentiality of the investigation.
Agreement
In consideration of the Company’s agreement to permit the Employee to participate in the investigation, the Employee agrees to the following terms:
1. Confidentiality. The Employee shall maintain the confidentiality of the investigation and all information obtained during the course of the investigation, including but not limited to, interviews, documents, and evidence.
2. No Disclosure. The Employee shall not disclose any information related to the investigation to any unauthorized person unless required by law or authorized in writing by the Company.
3. No Retaliation. The Employee shall not retaliate against any individual or entity for cooperating with the investigation.
4. Return of Documents. Upon completion of the investigation, the Employee shall return any documents or materials provided to them during the course of the investigation.
5. Consequences of Breach. The Employee understands that a breach of confidentiality may result in disciplinary action, up to and including termination of employment and legal action.
6. Term. This agreement shall remain in effect until the conclusion of the investigation or until the Company releases the Employee from the obligation of confidentiality in writing.
7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of [insert state/ jurisdiction].
8. Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous agreements or understandings.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
[Company Name]
[Employee Name]
Bottomline
A workplace investigation confidentiality agreement is essential to protect the privacy of all parties involved in an investigation. With this agreement in place, you can ensure that all parties are aware of their responsibilities and the consequences of failing to maintain confidentiality. Use the above template as a starting point for creating your agreement, and tailor it to your specific needs.