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 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
How do you make sure that nobody is reading your notes? I still take handwritten notes during some in-person interviews because the clicking and the screen are deterrents to building rapport. That said, I don’t want people to see what I’m focusing on while writing notes. If you use two
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
U.S. Department of Labor’s Guidelines Regarding the Display the Posters Required by Federal Law To maintain the health and safety of their employees during the height of the COVID pandemic, in early 2020, many employers developed protocols for working remotely. Recognizing that many employers are continuing to allow their employees
As an Austin-based labor and employment law firm, we all recognize that our role in the communities is just as critical as our role in the courtroom. Treaty Oak ELG’s culture of service and our desire to make a difference in the lives of others is an integral part of
Labor and employment attorney Brian Levy, a litigator with Treaty Oak ELG in Austin, was interviewed by KXAN TV on November 4th about the proposed layoffs of employees in the Austin area due to fears of a recession. The story was issued following news that billionaire Elon Musk was letting
What Is a Non-Compete Agreement? Non-compete agreements are legal contracts between an employer and an employee. These agreements are implemented to prevent the employee from revealing proprietary information or organizational secrets to other parties during or after employment. It is not unusual for an organization to ask an employee to
What do you do if your reporting party does not use magic words? For example, they do not say things like “harassment,” “discrimination,” “hostile work environment,” or “disparate treatment”? Sometimes even the employer misunderstands that they do not need to investigate because their reporting party has not used magic words
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