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What If The Incident Seems Too Complicated to Investigate?

What do you do if you are concerned about the nature of the underlying claim, the series of facts, the incident being so complicated that you can't investigate it? I think step one is reminding yourself: you wouldn't be doing this work if you were not an intelligent person.
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What Do You Do If Your Investigation Requires Really Specialized Knowledge?

Most of the workplace investigations that are done are around Title Seven, Title Nine policy type issues. And it's a lot of human activity analysis – which, when you get down to it, looking at human behaviors usually doesn't need specialized knowledge. But sure, there are other things that can come up within an investigation that do require specialized knowledge.
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What To Do If Interviewee Embarrassed by the Subject Matter

Sometimes, this comes up with incidents that involve sexuality – a lot of times. But it could also come up with somebody's personal credentialing or their career, like if they're a little embarrassed of their slow career progress, or their family, or something like that.
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What Do I Do to Pick a Tone of Investigation During a Workplace Investigation?

It really depends what they need, but we don't... We can be empathetic, but we can't be therapeutic. We can be stern, but we can't be aggressive. And short of that, I think the answer about what tone we use with any particular interviewee is based on what they need.
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What Do I Do to Throw Someone Off the Investigative Trail During a Workplace Investigation?

How do you maintain investigative confidentiality when the nature of the questions you're asking basically tells people what you're investigating? I think this is a little bit less of an issue than it used to be, because people have gotten somewhat savvy to the workplace investigation - but also because post-MeToo and post-Black Lives Matter, people know what companies spend money on to investigate.
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What To Do If There Is So Much Going On In an Investigation?

What do I do if there is so much going on in an investigation that facts are getting jumbled in my head?  I'm above average intelligence, or else I wouldn't be an attorney. I'm sure you are, too. But there are things and situations that are too big and too much and too many details for one brain to handle. It happens all the time in all kinds of investigations.
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What Do I Do to Investigate the Way Someone Eats During a Workplace Investigation?

What do you do with an investigation about the way somebody is eating? So again, another tricky one. Obviously, we're going to collect our information from our reporting party and see what it is about this eating that's bothering them. And then also, why do they think that person is doing that? Probably going to ask the reporting party some questions about, "Why is this bothering you?" as well. Because we want to always be super, super careful about victim blaming and blaming the person bringing the complaint for being the aggressor.
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What Do I Do If the Client Tries to Control the Investigation During a Workplace Investigation?

What do you do when the client tries to control your investigation? You needed to remind the client that the money they're spending is related to a neutral, independent, third-party investigation. That being said, some people are just micromanagers by nature, and that may include your client representative. And so it can be hard.
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What Do I Do to Admonish an Accused During a Workplace Investigation?

What do I do with an accused individual? What do I tell them? The accused is always the last interview I do, unless there's some weird logistical thing going on. But I tell them that they are the accused individual. And generally, they've been notified somewhere along the way that this is happening, and that they're the one being accused, so it's rarely a shock.
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