What do you do if someone you need to talk to is on FMLA? https://youtu.be/s_Uk6Pp8Ric You do what your client tells you to do. So, most investigators are not also FMLA experts. I do realize those both fall under employment law, so some of us are, but most people are
What do you do if somebody brings up other workplace complaints during their interview with you about a separate issue? If it’s a very, very unrelated issue, you can ask the person, “Do you understand how to make a report in your investigation appropriately?” Usually, by the time I’ve gotten
As economists continue to speculate about the possibility of a global recession, many employers are already looking for ways to reduce costs. Decreases in corporate expenditures often include layoffs in the workforce, and we have seen the recent news regarding significant staff reductions by tech giants Twitter and Facebook. Amazon,
Progressive discipline is a well-documented and step-by-step process for dealing with employees whose job performance does not meet the expected and communicated standards of the organization. The primary goal of this process is to provide the employee with an opportunity to correct and improve their performance. It is also intended to get
The Holidays are a Time to Party! After almost three years of adhering to varying degrees of social distancing due to health concerns stemming from the pandemic, many of us in the workforce look forward to celebrating the holidays together. Company holiday parties allow everyone in the organization to enjoy
To plan my investigation, unless there are logistical issues, we always do the reporting party first and the accused last. Aside from that, sometimes we’ll interview someone just because we need to learn the subject. So, for example, if I needed to know about an accounting practice or how chemicals
What do you do if you have one really outlying interview or one really outlying witness report? For example, maybe you have eight people say, “Bob stole the truck on Tuesday,” and then you had one person say, “The truck was never stolen. Bob doesn’t work here, but Betty stole
When You Have an Uncooperative Reporting Party Employers are legally obligated to investigate employee complaints that allege harassment, discrimination, or other workplace misconduct. However, the effectiveness of these investigations depends on the cooperation of the parties involved. So, what recourse does an employer have when the reporting party is uncooperative
What do you do if somebody is not taking your investigation seriously? That’s sort of not on you unless you’re the reason that they’re not taking it seriously. Sometimes I’ll make a joke or … especially a self-deprecating joke about the investigation to kind of build rapport, to sort of
What do you do if you are called upon to interview old-fashioned bullying? One of the things about being a workplace investigator is that you should not be the judge and the jury, right? You are the investigator; theoretically, being a neutral third-party investigator is inconsistent with you being the
(Formerly Lynch Law Firm)
Employment Attorneys in Texas, Wyoming, and Colorado
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