1. If an employee identifies multiple witnesses that were “in the room,” or observed an event, how many should be interviewed?

If my workload mix is any indication, investigations are down. Last year, I did over fifty investigations between January and September, and between September and December, only a handful. While I am pleased to engage in other services for my clients, I have to consider the reason for the change in the project mix. 

About a week ago, I presented my annual two-day Employment Investigations Training through Minnesota Continuing Legal Education. This is a terrific opportunity for me to teach in a lengthier format than I usually do, and to experiment with new material. This year, the second day presented three simulated interviews based on a case-overview Since it was our first year using this format, there were a few glitches, but for the most part, the feedback was terrific.

A few questions from the Upper Midwest Institute ended up on the bottom of my briefcase and were found only when repacking for a trip out of town.  My apologies, and here they are.

The table below can help you decide whether you need an outside investigator. Consider all of the dimensions listed, add up the score, and use the guide to help you decide.

When does it make sense to put someone on leave immediately after interviewing them?

For those who have been asking for a copy of the pre-interview checklist, here it is in its own tidy little post, easily downloaded for your adaptation and use.

I love the employment law institute — it is an opportunity to reach a large group of people with information that I love to share. Today’s session was on investigative interviewing, and, as usual, there were more questions than I can answer. So, here come some of the ones I was unable to get to.

With a book coming out and increased numbers of investigations taking my time, I’ve realized the importance of reflection. The issues I face around workplace investigations become more sophisticated, complex and at times, disconcerting. A few particular issues/ethics questions have repeatedly popped up, so I’ll share my thoughts with readers.

I don’t like to think of myself as cynical. Furthermore, I am a huge proponent of creating workplaces that allow people to be creative, empowered and engaged. Nevertheless, I find myself repeatedly listening to high-aspiration employers who describe their cultures in glowing terms, but are confused, bewildered and betrayed when unhappy or departing “team members” suddenly transform into plain old angry employees. Having built brilliant and progressive cultures focused on the talents and skills of their “family,” they have been blindsided by the stark reality that when things are good, we are a family, but when things go wrong, they are the employer.