What do you do if the interviewee asks for a witness? As attorneys always say, it depends. If the interviewee is a member of a union, they have a right, according to the Supreme Court of the United States, to have a witness. And so they need to get a
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 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 if an interviewee is unresponsive, and I don’t mean like they’re no longer living, what if they won’t talk to you about setting up your interview, they’re ghosting you? Maybe you complete the interview with you and then they don’t follow up with the documents they
What do you do if you have an investigation about pronoun use? So I’m recording this in July of 2021 and I hope very much that this is the recording that becomes out of date the quickest. So, if you’re doing an investigation about pronouns, you should do some research
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
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
(Formerly Lynch Law Firm)
Employment Attorneys in Texas, Wyoming, and Colorado
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