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Clear Law Institute CEO Michael Johnson cited in New Yorker article on interviewing techniques

By | Investigations, Uncategorized | No Comments

Clear Law Institute CEO Michael Johnson cited in New Yorker article on interviewing techniques Clear Law Institute CEO Michael Johnson is cited in a New Yorker article entitled,”The Interview:  Do Police Interrogation Techniques Produce False Confessions?”   The article notes that scientists and legal scholars increasingly have criticized common American law enforcement interviewing techniques, which rely on questionable methods of spotting deception and can sometimes result in false confessions. As an alternative to these interviewing techniques, the article notes that in Britain, a government appointed commission of detectives, academics, and legal experts has developed an interview method that reflects up-to-date psychological research.  In the…

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California Law Protects Interns and Volunteers Against Workplace Harassment

By | Investigations, Uncategorized, Workplace Harassment Training | No Comments

California has extended protections against workplace harassment and discrimination to unpaid interns and volunteers. The new law goes into effect Jan. 1, 2015. Passage of AB1443, introduced by Assemblywoman Nancy Skinner, followed similar action in New York and Oregon in the wake of a New York court decision that highlighted the absence of such protections. In that case, a Syracuse University student serving an unpaid internship allegedly was sexually harassed and touched inappropriately by a supervisor. The court ruled that existing law didn’t apply to non-employees, including unpaid interns. California’s new law extends protections under the California Fair Employment and…

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California Requires Sexual Harassment Training for All Farm Workers Under New Law, Senate Bill 1087

By | Investigations, Uncategorized, Workplace Harassment Training | No Comments

California has passed a law requiring that all agricultural employees—both supervisors and non-supervisors—receive training on sexual harassment prevention when hired and at least once every two years thereafter. The law, signed in September 2014, places stricter training requirements on agricultural employees that those currently required of other California employers under the state’s sexual harassment training law, AB 1825. Unlike in other industries, the sexual harassment training requirement for agricultural employees applies not just to supervisors but also to all employees. The law applies to employers of all sizes, not just those that have 50 or more employees. The new law,…

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Manti T’eo: How would you approach his interview?

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I just read an edited transcript of an ESPN reporter’s interview with former Notre Dame linebacker Manti T’eo about the hoax he says was played on him involving a fictitious girlfriend.  You can read the transcript here.  How do you think the reporter handled the interview?  What additional questions would you have asked? If I were interviewing Manti, I would try to ask as few direct questions as possible.  Instead, I would simply ask him what happened, and then continually follow up with “then what.”  In essence, I would want him to tell me the entire story with very little interruption from…

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Employers cannot require employees to keep all investigations confidential, rules the NLRB

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Employers may not maintain a “blanket rule” prohibiting employees from discussing ongoing employee misconduct investigations, according to a July 30 ruling by the National Labor Relations Board. In Banner Health System d/b/a Banner Estrella Medical Center, the Board held that such a broad confidentiality rule violates Section 7 of the National Labor Relations Act, which gives employees the right to discuss concerns with each other for their mutual aid and protection. In a particular investigation, an employer may be able to order employees to maintain confidentiality, but only if the employer can show a “legitimate business justification that outweighs employees’…

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Should I tape-record my investigative interviews?

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There is usually no legal requirement that an employer tape-record investigative interviews with employees.  One exception to this rule is that many states have law enforcement officer bill of rights that do require police departments to tape record interviews in an internal investigation of a police officer. For most employers, however, you are not required to tape-record your interviews, but you may nevertheless choose to do so.  The decision to tape record an interview depends on the circumstances of each case.  Depending on the witness, tape recording may make the person more uncomfortable and less likely to talk.  That said,…

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What do I do if a witness demands to have an attorney present during an investigative interview?

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In most cases, an employee does not have a legal right to demand to have his or her attorney present at an investigative interview.  An employee might have this right if he or she is a member of a union that has collectively bargained for this right or if the employee works for a government agency whose civil service rules provide for this right. Except in those circumstances, the employer can inform the employee that he or she must cooperate in the investigation and may not be represented by counsel during the investigative interview.    

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