What Maryland Employers Can Ask in Workplace Investigations

 Posted on December 12, 2025 in Employment Law

When a complaint lands on an employer’s desk, a workplace investigation may be necessary. Regardless of what type of complaint (retaliation, misuse of company resources, harassment, etc.), answers must be obtained quickly. Yet one wrong question to an employee can potentially expose the company to claims of retaliation, coercion, or even unlawful disability or medical inquiries.

Maryland employers have specific boundaries that must be adhered to when interviewing employees.  Employer questioning is limited by discrimination laws, wage statutes, whistleblower protections, and privacy rules, and employers must know which questions are legally "safe," which require caution, and which are strictly off-limits. An experienced Potomac, MD employment attorney can help ensure you stay within the law when you question employees.  

Why Do Interview Questions Matter?

An internal investigation could be required to stop harassment, prevent further harm, satisfy federal obligations, or mitigate damages. Regardless of the reason for the internal investigation, employers must balance a prompt, thorough investigation with avoiding any violations of employee rights during the investigation.

When questioning an employee crosses the line into improper or overly intrusive questions, claims for retaliation, wrongful termination, invasion of privacy, unlawful medical inquiries, disability discrimination, and wage or hour interference can result. Maryland is especially strict, with state courts often scrutinizing employer interviews to ensure there was no coercion or privacy infringement.

What Are Maryland Employers Allowed to Ask During an Internal Investigation?

Employers are allowed to seek information from employees that is directly tied to workplace conduct; however, these questions must be phrased as:

• What did you observe?
• When did this occur?
• Were any witnesses present?
• Can you describe the communication between you and the coworker involved?

The questions should always be neutral and non-leading. Employers are allowed to ask employees questions aimed at determining whether internal policies were broken. These internal policies could involve IT and device-use policies, anti-retaliation policies, harassment policies, workplace safety standards, and confidentiality rules. These questions must be consistently applied to avoid any allegation of discrimination.

Employees can be questioned about work devices, data access, and company property. These questions may include the use of company email or messaging platforms, access to databases, files, or confidential materials, or physical access to offices, equipment, and secured areas. If the employer owns the device or system, then questions are largely fair game unless asked in an inappropriate manner.   

Employees may be asked about witness credibility – but very carefully. An employer can ask an employee a question like, "Has your account changed since your initial statement?" or "Were you under any pressure not to report this?" Make sure to avoid implying discipline for participation in the investigation.

Questions Employers Should Always Avoid

There are many types of questions employers should avoid. Some of these are associated with health issues, and others with protected class status. Questions regarding protected activities or those that require employees to waive legal rights are off limits. Questions about off-duty conduct that have no relevance to the investigation or any questions about unions are also off-limits. Some examples of questions employers should never ask include:

• Do you have depression?
• Do you have a medical condition that explains this?
• What medications are you taking?
• Are you pregnant?
• Is that why you missed work?
• Why did you file a complaint? Are you trying to hurt the company?
• Who else is involved in union organizing?
• Tell me what you do in your personal life.
• Are you dating that coworker?
• You will keep this interview confidential, right?
• Can you withdraw your complaint if we handle this internally?

Contact a Silver Spring, MD Employment Attorney

It is important to begin every interview by saying, "You will not be punished for participating in this investigation." Keep questions narrow, document responses, and allow employees to bring a witness if company policy permits. A highly skilled Potomac, MD workplace retaliation lawyer from Freedman Law, LLC can help you structure the questions you ask employees in a way that avoids legal actions. Attorney Freedman represents clients in federal and state courts and has been rated as one of the best employment lawyers in Annapolis. Call 410-290-6232 to schedule your initial attorney meeting