What Is a Non-Compete Agreement? Non-compete agreements are legal contracts between an employer and an employee. These agreements are implemented to prevent the employee from revealing proprietary information or organizational secrets to other parties during or after employment. It is not unusual for an organization to ask an employee to
What do you do if your reporting party does not use magic words? For example, they do not say things like “harassment,” “discrimination,” “hostile work environment,” or “disparate treatment”? Sometimes even the employer misunderstands that they do not need to investigate because their reporting party has not used magic words
What do you do if an interviewee doesn’t remember an important fact or event? Many of us don’t realize something is significant until later. You saw the witness, the accident, this detail, and you never knew that your experience would be the vital thing to report to an investigator. And
What do attorney investigators need to do? Attorney investigators need to give Upjohn warnings, at least. Upjohn is akin to corporate Miranda? So Miranda is, “You have the right to remain silent, ……..” Corporate Miranda is usually regarded as Upjohn because of the case that it stems from. Upjohn’s warnings
What do you do if there’s no policy related to the issue that you’re investigating? People get caught up in this and it doesn’t really concern me one way or the other. If a client has hired me to investigate a thing, I’m going to go investigate that thing. Sometimes,
What do you do if someone is not answering your questions? This can be really frustrating and people can inadvertently avoid answering questions, either because they’re nervous or because they don’t have the information that you’re after anyway, and so they’re just trying to be helpful. But at the end
What do you do if you have an investigation but there is no one to interview? This can come up because there was nobody around or because our witness made themselves unavailable. Those are really hard. So acknowledge to yourself that you got a doozy of a case and then
What do you do if you need evidence from a client? You ask for it. If it is more than a couple of current emails, you need to raise the flag about preserving the evidence in a way that most corporate IT departments do not know how to do. You
What do you do if you need the help of another investigator? I think the first thing you do is acknowledge that this will come up in your career before it comes up so that you have resources before you need the help. Everyone needs to bounce issues off somebody
What can I do if I am investigating a nonprofit? A lot starts to be different because nonprofits are who they are. Notably, they tend to be very frugal organizations. So perhaps reduce your billable hour to recognize a good cause. But also recognize that frugality is probably a theme
(Formerly Lynch Law Firm)
Employment Attorneys in Texas, Wyoming, and Colorado
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