Dear Overworked Professionals, We know you’re busy navigating a sea of HR nightmares, so let’s cut to the chase: Union investigations are a special kind of hell. Brace yourselves. (Oh, and some of this union stuff applies to your non-union employees too.) Weingarten Rights: The Gift That Keeps on Giving
According to new legal research of statutory and case law, when you are facing a workplace issue, it is important to have all the information you need to make the best decision. An employer investigation can be a valuable tool in gathering information and determining the facts of a case.
First of all, we need to check our bias. Some languages are not as straightforward as English and not as straightforward as American English. And so, particularly if we have someone where English or the US culture is not their native culture, we need to check that they are not
What do you do when someone is lying to you or you think someone is lying to you? First and foremost, you are there to be a neutral person whose primary role is to collect facts. And so I think you tell the person that you have concerns about the
What do you do if somebody wants to argue with you during your investigation? Sometimes a person being argumentative is a component of the allegation you’re there to investigate, right? Being incredibly antagonistic could be an element of a bullying allegation or, say a hostile work environment allegation. That being
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
(Formerly Lynch Law Firm)
Employment Attorneys in Texas, Wyoming, and Colorado
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