Is your employer launching an investigation? Here’s why you should immediately consult an employment lawyer

A call from HR, an invitation to a meeting, or the news that an external investigative firm like Hoffman is looking into your conduct. For many employees, that’s when the stress begins. And for good reason: an internal investigation can lead to a warning, suspension, placement on leave, termination of the employment contract, or even immediate dismissal.

Yet many employees wait too long to take action. That’s understandable, but often unwise. It is precisely during the investigation phase that decisions are made that are difficult to reverse later on. A specialized employment law attorney can ensure that the investigation is conducted fairly and that your legal position is optimally protected.

An employer may conduct an investigation, but not everything is permitted

Employers in The Netherlands must have a legitimate interest in investigating reports of fraud, integrity violations, inappropriate behavior, or other misconduct. However, this does not mean that an employer always has free rein.

A thorough investigation should ensure that:

• both sides are heard;
• the employee knows what allegations are being investigated;
• the investigation is conducted independently and objectively;
• privacy laws are complied with;
• conclusions are based on facts and not on assumptions;
• the employee is given a genuine opportunity to defend themselves.

If these safeguards are lacking, it can have far-reaching consequences for the legal validity of the measures taken by the employer.

Is the employer required to share the investigation report with you?

This is a frequently asked question, and the answer depends on the circumstances of the case.

Many employees believe they are always entitled to the full investigation report before an employer makes a decision. However, that is not correct. Case law paints a more nuanced picture.

The central question is not so much whether the report is provided, but whether the employee has sufficient knowledge of the allegations against them and is given a fair opportunity to respond.

When access is often necessary

The Dutch Court of Appeal in The Hague ruled that an employee was entitled to access a complete investigation report used by the employer in dismissal proceedings. The court held that an employee can only adequately defend against dismissal if he or she can review the documents on which the employer bases its allegations. The privacy interests of other employees can be protected in this regard through anonymization and confidentiality obligations.

The Supreme Court has also recently reemphasized the importance of effective access to incriminating evidence in ECLI:NL:HR:2026:409. In that case, video surveillance evidence played a significant role. The Supreme Court considered:

“In order to safeguard the principles of the right to be heard (Art. 19(1) of the Code of Civil Procedure and Art. 6 of the ECHR) and equality of arms (Art. 6 of the ECHR), the court of appeals (…) should have taken sufficient measures to enable adequate review of the complete (…) surveillance footage and to allow the employee to comment on it.”

The ruling pertains to the judicial phase, but the message is clear: an employee must be able to actually review incriminating evidence and respond to it.

When Providing the Report Is Not Necessary

This does not mean that an employer is always obligated to provide the full investigation report in advance.

In ECLI:NL:RBNHO:2026:1871, the subdistrict court ruled that this was not necessary because the employee had already been heard five times, the findings had been discussed with him at length, and the termination letter specifically described the allegations. According to the court, the right to be heard is an essential part of a thorough investigation.

The key takeaway from this ruling is that the focus is not so much on the report itself, but rather on whether the employee was actually given a fair opportunity to defend themselves against the allegations.

The right to be heard is not a mere formality

It is precisely on this point that things often go wrong.

Employers sometimes conduct an investigation first, draw conclusions, and only then give the employee the opportunity to respond. Judges are increasingly less likely to accept this.

In the well-known ruling by the Supreme Court ECLI:NL:HR:2023:1008, a key factor was that, despite earlier assurances, the employee had not actually been heard during the investigation. The Supreme Court thus once again emphasized the importance of a thorough hearing of both sides.

The District Court of The Hague was even clearer in ECLI:NL:RBDHA:2024:21433. In that case, the employee had never been confronted with the allegations prior to the termination. The summary dismissal was overturned. The court held:

“During that hearing, the employer must provide full disclosure regarding the suspicions raised against the employee (…)”

An employee must therefore know what he is accused of, on what facts those accusations are based, and be given the opportunity to respond substantively to them.

A flawed investigation can cost the employer dearly

Engaging an external investigative firm does not automatically mean that the investigation is legally sound.

This was evident from ECLI:NL:RBMNE:2025:6708. In that case, an investigation into reports regarding workplace safety was used to draw far-reaching conclusions about an individual employee. The court ruled that the investigation was not intended as a fact-finding inquiry focused on a specific individual, yet the employer had adopted the conclusions virtually uncritically.

The employee was immediately suspended and was only granted access to the report later. According to the court, the employer had effectively “blindly accepted the report as true.” Although the employment contract was ultimately terminated due to a disrupted working relationship, the court also awarded fair compensation due to the employer’s seriously culpable conduct.

What can a lawyer do for you during the investigation?

Much more than employees realize.

An employment law attorney can:

• assess whether the investigation is being conducted lawfully;
• verify whether there has been a fair hearing;
• request access to relevant documents and evidence;
• prepare you for interviews and investigative meetings;
• file a written defense;
• investigate whether privacy rules are being violated;
• negotiate a potential severance agreement;
• take action when suspension, removal from active duty, or termination is imminent.

It is precisely by intervening at an early stage that one can often prevent the creation of a one-sided file that records only the employer’s perspective.

Additional Protection for Whistleblowers

Employees who have reported misconduct are also entitled to special protection.

In ECLI:NL:HR:2025:190, the Supreme Court ruled that the employer bears a heavy burden of proof if a disciplinary measure is taken shortly after a whistleblower report. In such cases, it is not sufficient for the employer to simply refute a presumption of a causal link. The employer must actually demonstrate that the measure has nothing to do with the report.

For whistleblowers, legal guidance can therefore be of decisive importance.

Conclusion

Modern case law shows a clear trend. Employers may investigate possible misconduct, but must respect fundamental safeguards in doing so. An employee does not always have to receive the full investigation report, but must know what they are accused of, be able to review the relevant evidence, and be given a genuine opportunity to defend themselves.

If that opportunity is lacking, a termination may be overturned, a request for termination of the employment contract may fail, or an employer may be ordered to pay substantial equitable compensation.

Therefore, here’s one practical piece of advice: don’t wait until the termination notice is on the table. The most important battle is often not fought in the courtroom, but during the investigation that precedes it. That is precisely when an employment law attorney can make a difference.

Contact an Employment Law Attorney in Amsterdam

Are you looking for dedicated support and direct, personal contact with an experienced employment law specialist in Amsterdam regarding an integrity investigation? Call our specialized attorneys in employment law for questions and legal advice.