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 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 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
Identifying the Best Solution for Labor and Employment Disputes When business owners are threatened with labor and employment disputes, the attorneys at the Treaty Oak ELG can help you identify the most effective venue to resolve your legal issue. Although our goal at Treaty Oak ELG is to reduce the
Addressing Hostile Work Environments Within the Medical Profession Treaty Oak ELG has years of experience guiding businesses of all kinds through every phase of a workplace investigation. Natalie Lynch, the firm’s managing member, recently investigated an instance where a nurse accused a physician of creating a hostile work environment within
Even Small Family Run Operations Can Find Themselves in Need of a Workplace Investigation According to federal law, all employers, regardless of the organization’s size, are obligated to investigate allegations of harassment or discrimination. State laws parallel the concept that harassment and discrimination should always be investigated. When circumstances of
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