What do you do if somebody hands you something, a piece of evidence, during an investigation? It depends on what it is, of course. If they give you a stack of reproducible reports, I’m going to ask if I can have a soft copy of it. “Hey, can you email
What do you do if you can’t find a secure place to interview people? You probably shouldn’t interview them. There could be situations where your interview is administrative, you’re trying to learn the process or something. But if people know that you’re the interviewer and they can see and hear
What do you do if someone is quitting or already quit and you really need them to be part of your investigation? The first thing you do is find out your client’s protocol in this situation. For example, many government entities will not engage former employees in most workplace investigations.
What do I do if I have an issue around discrimination or harassment, but I’m a super small employer? In the state of Texas, in particular, you go investigate that because as of September 1st of 2021 employers with even one employee, per state law need to investigate sexual harassment
What do you do if you have a concern about scope creep? Scope creep is dangerous. It’s the concept that you started out investigating this thing, and as the investigation has gone, the scope of the investigation has crept outwards. It can be an issue for a lot of reasons
Okay. What do you do if you are interviewing somebody you genuinely dislike? That can be a natural thing. I’ve interviewed rapists, people who have said mean and nasty things about me or even to me. Those people are not the kind of people I tend to like, but at
What do you do about recording your interviews? I do not, as a practice, record my interviews unless my client tells me that it is their practice to record interviews. Generally speaking, in the pre-pandemic era, a recording meant an audio recording; these days, we would do that with an
What do I do to investigate slut-shaming? So, it’s been my experience that people who are experiencing slut-shaming… First of all, you need to of course get the reporting party to define what they mean by that. But generally, the idea that somebody’s sexual activities are not in align with
What do you do if you suspect someone secretly recording your investigation? First, you should always assume that people are secretly recording your investigation. Every single one that you’ve ever done, you should assume it’s secretly being recorded. I also do this in my initial admonishments where I say, “Hey,
What do you do if you receive an admission? Suppose you’re going into an accused interview and you have reason to suspect that you’re going to receive an admission and it’s about something that is, or the concrete, or rather likely to go to litigation. In that case, you might
(Formerly Lynch Law Firm)
Employment Attorneys in Texas, Wyoming, and Colorado
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