What do you do if someone is quitting or already quit and you really need them to be part of your investigation? The first thing you do is find out your client’s protocol in this situation. For example, many government entities will not engage former employees in most workplace investigations.
What do you do if you suspect someone secretly recording your investigation? First, you should always assume that people are secretly recording your investigation. Every single one that you’ve ever done, you should assume it’s secretly being recorded. I also do this in my initial admonishments where I say, “Hey,
What do you do if you receive an admission? Suppose you’re going into an accused interview and you have reason to suspect that you’re going to receive an admission and it’s about something that is, or the concrete, or rather likely to go to litigation. In that case, you might
What can we do to ensure the quality of our investigations? So particularly when you’re in-house, and I suppose I’m speaking to somebody in a leadership role, but if you’ve got a team of investigators, who are making sure that your investigators are doing a good job? Even if those
What do you do if your investigation involves the use of different pronouns? I’m recording this video in July of 2021 and hoping that this is the video that ages the worst because we make so much societal progress here. As an investigator, I think the first thing you do
What do you do when the complaining party is not an employee? The same thing that you do anyway. So, you investigate those complaints because it doesn’t matter who makes the complaint. You as an employer are now on notice that you have a harasser, discriminator, or bad actor in
https://youtu.be/Ikjy3ftrGLI What do you do if you screw up an investigation? I’d be lying if I said I’ve never screwed anything up. I don’t think I’ve ever screwed up a whole investigation, I’ve done some things that I’ve had to redo. And I think that’s just it, part of doing
What do you do if your reporting party is acting crazy? And even though she’s using the sort of magic words things like harassment and discrimination, you think that the real issue is that the person is crazy, not that they’re being discriminated against. As the employer or the investigator
What do you do if your investigation gets public attention or the issue shows up in the media? You need to acknowledge that most investigators do not also make good PR reps. Your job is to be accountable to your client to conduct a reasonable workplace investigation that will stand
What should I do if I need to investigate or do some research on the people I’m interviewing? There’s a lot to that. So if you’re investigating them because you have safety concerns and want to see if they have a police report, that are public records. Maybe if their
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Employment Attorneys in Texas, Wyoming, and Colorado
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