Treaty Oak Employers’ Law Blog

What do you do if your interviewee does not participate in the investigation, or does not know what you are asking them? That’s kind of two different issues. So, if the person does not participate in the investigation, you need to, again, remind them that their employer expects them to

What do you do when somebody keeps repeating themselves? This can be hard because people do this when they’re nervous. And so if somebody keeps repeating themselves and it’s irrelevant, make sure you ask them what the relevance of their comments is. And that might be a hard question for

What do you do if an interviewee asks you about privilege for your investigation?A lot of investigations are done under privilege. I am not a litigator, I’m an investigator. So, I don’t pretend to be an expert in privilege and I know, across the country, perspectives on the way privilege

What do you do if intuition is the only reason you want to take some investigative steps? I think if you’re a young investigator, you need to check in with somebody else and check that intuition. This is because every move you make is expensive for your client. And so

What do you do with hearsay and rumors? You collect them. I tell people quite often things like, “Why do you know that?” or, “Who told you that?” And they’ll tell me, “Oh, I heard it third hand,” or sometimes people will say, “Well, I do know something, but I

What do you do if your interview is going way too long? It is reasonable for somebody to go an hour without a break. I think best practice, just like Zoom school, you go 50 minutes, you get a 10 minute break, you come back. That’s probably best practice. If

What do you do if your investigative conclusions are that your accused individual is just a meanie? You conclude that your accused individual is just a meanie! Thats all there is to it. It is not illegal to be a meanie. I think there’s a lot of arguments to be

What do you do with inconvenient facts? First off, what is meant by inconvenient facts? Say you’ve got 10 facts that all prove your investigative conclusion and then you’ve got one fact that disproves your investigative conclusion.  You need to love and embrace that inconvenient fact with all your heart.

What do you do when someone hands you hundreds of hours of recordings from the workplace? First of all, you can’t ignore that information. If somebody provided you that evidence of their claim, you’ve got to absorb it and analyze it. But the way that we handle that most frequently