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One of the frequent questions we are asked when conducting our workplace investigation training is, “When faced with conflicting evidence at the end of a workplace investigation, how can we make decisions about the relative credibility of the parties and witnesses?” Even more challenging can be articulating the reasons why you believe the evidence of
Just last week, I wrote about the Miami Dolphins’ swift and effective response to offensive tweets posted by a player in response to the NFL’s draft of its first openly gay player, Michael Sam. Within a week, news of offensive and sexist e-mails written by Richard Scudamore, the Chief Executive of the Premier League, were
This week, Michael Sam became the first openly gay player to be drafted by the National Football League. The University of Missouri defensive end was drafted by the St. Louis Rams in the final round and, in an obviously emotional moment (televised by ESPN), turned to his boyfriend and gave him a kiss. If you’ve
In a workplace investigation, it is not uncommon for complainants and potential witnesses to express concerns about job-related reprisals before speaking to the investigator. Recently, however, I had witnesses in two separate investigations tell me that they did not want to participate for fear of being sued by the respondent, with one witness specifically referencing
This week, approximately one million workers in France in the digital and consultancy sector won a legally-binding agreement protecting them from having to respond to email outside of working hours – that is before 9 a.m. and after 6 p.m. There has been much talk since about the effect that limiting email outside of working
No, I didn’t make that up. It’s really a day, at least insofar as any “International…Day” is really a day. This movement was started by Steve Hughes, a non-lawyer from St. Louis who works with lawyers in his presentation and rainmaking business and thought that, as a group, they weren’t so bad. In fact, he
Recently my colleague and I had the opportunity to travel to Iqaluit, Nunavut in order to provide workplace investigation training. As part of my preparation for our trip, I was introduced to the concept of Inuit Qaujimajatuqangit, a term for Inuit traditional knowledge and information that is passed down through oral history, customs and traditions.
There seem to be no shortage of articles and blogs these days touting the merits of conducting workplace investigations in many circumstances (we know because we write a lot of them). You read about how they can improve the workplace and help employers avoid legal liability. What you don’t often see written about is how
