In order for an employee to sue an employer for the violation of a constitutional right, there must be some form of “state action” involved. State action is involved during any investigation by a state or federal entity, including investigations of their own employees. There are no bright-line rules regarding when an investigation can be considered to involve state action. However, the following examples could be considered to involve state action: Investigations conducted by a private company but at the suggestion of the state or federal authorities.