Background and All Too Common Scenario In 2022, the Texas Supreme Court heard the case of Perthuis v BMGL. BMGL had a commission agreement that was two pages and stipulated that if Perthuis sold things, he got a commission. Perthius sold things and, in one instance, reworked an agreement he
I do not think this is the right foundation for a workplace. We do not advise hiring to bring people into your family. Families are intimate and have shared trauma and are largely dysfunctional. Families engage in groupthink and repetition of traditions that are never exposed to critical evaluation. When
Years ago, employees could expect to work for the same employer for decades. New employees were trained, but furthering their education for potential work opportunities from within the business was limited. It wasn’t unusual for employees to remain in their positions from their first day on the job until retirement.
How do you make somebody comfortable so they’ll open up to you in your investigative interviews? I think that that’s really an individual thing, but what I’ll say is that setting expectations about the interview helps make things comfortable. I know from my own personal style, I usually make a
What do you do if you make somebody uncomfortable? First of all, try super hard not to do that because you are affecting the quality of your investigation. But sometimes weird things come out of your mouth or unintentional comments come out. Things come out in ways you didn’t mean,
What do you do if someone is accused of mansplaining? Like anything, we have to start by defining what “mansplaining” means. We always think we know what it means, but how is a person who’s complaining using that term? Is the person who is mansplaining just engaged in that really annoying
What do I do about my investigative notes? I have a method that I use. I record the date at the top, the start and stop time of the call. I denote if the interview is over a platform like Zoom, otherwise, I might leave a spot blank if the
What do we do if we think somebody is lying to us during an investigative interview? This probably comes up more than it should with adults, but it happens, and there’s a handful of ways that you can handle it. One of them is just to say, “I’m having a
What do you do if an interview takes forever? You need to be scheduling out your breaks. It is unreasonable to go past about two hours of interview time. It is probably unreasonable to go past an hour and a half. Most people can live without a break for an
How do you investigate complaints about somebody’s lifestyle choices? As example, things like breastfeeding in the office, or choosing not to wear deodorant, or eating a lot of fish for lunch, or using a lot of slang. Things like that get complained about a lot. A lot of those complaints
(Formerly Lynch Law Firm)
Employment Attorneys in Texas, Wyoming, and Colorado
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