On Wednesday, May 6, 2020, the Department of Education (DOE) released their new Title IX regulations. Clocking in at 2,033 pages (not a typo – 2,033 pages), many of us in the educational field continue to comb through them to understand schools’ new responsibilities. The regulations are effective August 14, 2020.

Shortly before the COVID-19 pandemic became national news, my coworker and I joked about leaving our office for the day to start our “second shift” – caring for our children, spouses, and homes when we got home from work. Shortly thereafter, the shelter-in-place order went into effect and suddenly my “second shift” collided with my day job.

During these difficult times, a compassionate and responsive community is a source of comfort. Across the country, individuals, businesses, and communities are collaborating in unprecedented ways to give to those impacted by COVID-19. The outpouring of empathy, generosity, and ingenuity leaves us at VM Law with a profound sense of gratitude.

The impact of COVID-19 continues to fundamentally alter the American workplace. Remote workers are the norm, furloughs are unavoidable in certain sectors, and employers considered “essential” are struggling to maintain productivity whilst preserving a positive workplace culture.

These changes will carry over and impact the way workplace investigators do their jobs, too.

Surreal times. Face masks, gloves, home confinement, closed offices, and brave essential workers. COVID-19 has rapidly altered the American workplace. Employers – particularly Human Resources professionals – are grappling with a host of difficult issues. How to monitor a remote workplace, how to keep employees safe, how to manage the return to the workplace, to name a few.

It is 3:00 in the morning. Your investigative report is due. It is the eleventh hour. You stare anxiously at the blank Word document – the cursor blinking at you – almost as if to mock your current predicament. We have all been here once or twice, even under normal circumstances. But with the ongoing change and uncertainty of the current COVID-19 crisis, the risk of facing that blank space seems more real than ever.

In this video, Sue Ann Van Dermyden discusses how neutral workplace and campus investigations allow her to marry her love of people with her passion for the law. She also highlights our Firm's commitment to McGeorge School of Law through participation in the Alumni Advisor Network and through hiring recent graduates.

The upheaval caused by COVID-19 continues to impact workplace investigations. Personally, many are suffering from illness, isolation and loss of income. Professionally, agencies are struggling to respond to COVID-19 while adhering to statutory deadlines and mandates.

As workplaces adjust to COVID-19, it may become harder for employers to keep a pulse on employee morale. Are people happy working from home? Do workers understand their responsibilities as remote employees? Is there going to be a decline in employee work performance?

In this video, Senior Partner Sue Ann Van Dermyden sends a message of calm and confidence during this unprecedented time. She shares two useful tips for coping with the rapid changes of COVID-19 and reassures clients and colleagues that at VMLC, we remain available to conduct investigations.

Life continues to change for Americans amid the rising Covid-19 concerns. Cities across the country have received shelter in place orders. Employers are directing staff to work remotely. Schools are closed, leaving children at home for an undetermined time.

The impact of COVID-19 continues to dominate headlines. On March 11, 2020, the World Health Organization officially declared the viral disease COVID-19 a pandemic. In California, as well as in other states, communities responded by issuing stay-at-home lockdown orders. Schools are closed, employees are furloughed or working at home, and public gatherings are a thing of the past.

This is our new normal.

Seemingly overnight, the world has changed. Resist the friendly handshake. Forego the group gathering. Cancel travel plans. The new normal – social distancing. As the United States, and the world, reacts to COVID-19, so too must workplace investigators. On March 11, 2020, the World Health Organization officially declared the viral disease COVID-19 a pandemic. In the United States, COVID-19 cases continue to rise, causing significant disruptions to day-to-day life.

Rarely can one name so uniformly evoke recognition, and an understanding of the context. But across the globe, one name can: “Harvey.” Harvey Weinstein has become the poster figure for the #MeToo movement. Of course, he was preceded and succeeded by hundreds of other powerful figures who gained notoriety for their actions.

“I've learned that people will forget what you said, people will forget what you did, but people will never forget how you made them feel.” – Maya Angelou

Let this be your guiding light as you navigate how to build rapport with witnesses.

They are back!  Just in time for the holidays, the National Labor Relations Board (NLRB) gave employers a reason to celebrate the season.  Earlier this month, the NLRB voted to allow employers to issue confidentiality admonitions during the pendency of a workplace investigation, or depending on the facts of the case, even after the investigation concludes.

The times are changing.

Before the #MeToo wave hit, employers typically initiated investigations into harassment complaints with the goal of maximizing information with minimal negative impact. This often translated into efforts to be as discreet as possible throughout the process by minimizing the amount of information shared and the number of people who read the investigation report.

If you are a seasoned investigator, you are likely accustomed to interviewing adult witnesses. You may have interviewed hundreds of witnesses, and you know just how to craft relevant questions, establish rapport, assess credibility, identify deceptive behaviors, and get right down to the facts. It can be tempting to approach and interview minors relying on the same methodology you would with an adult witness.

The hardest investigation to conduct is one without a complaint. Though difficult, it is not uncommon. Many times, parties and witnesses are unwilling to come forward, so all employers have to go on are gossip and rumors. However, do not confuse the lack of a complaint with a lack of a responsibility to investigate. To do so would be to potentially commit a very costly mistake.

You are the head of Human Resources and you receive a complaint of sexual harassment from an employee. To whom do you assign the investigation? Do you handle it in-house or bring in an external investigator? Your answers to these questions set the tone for the entire investigation. Choosing the right investigator from the start can help save hundreds of thousands of dollars in litigation costs to defend the adequacy of the investigation in later stages. Accordingly, it is a question which deserves consideration.