News/Events | Van Dermyden Maddux Law Corporation

Transparency in Investigations

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.[Read more…]

Do’s and Don’ts For Interviewing Minors

If you are a seasoned investigator, you are likely accustomed to interviewing adult witnesses (if not, read our Introduction to Interviewing Techniques blog here). 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. [Read more…]

Deborah Maddux Appointed Vice-Chair of the CLA Labor & Employment Law Section’s Executive Committee

Currently, Deborah serves as Secretary of the California Lawyers Association (CLA) Labor & Employment Law Section’s Executive Committee. Her term as Vice-Chair begins October 12, 2019. [Read more…]

No Complaint, No Investigation? No way.

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. [Read more…]

Sacramento Kings Hire Van Dermyden Maddux to Conduct Independent Investigation

The Sacramento Kings have hired Sue Ann Van Dermyden and Jennifer A. Doughty to lead an independent investigation into the allegations in the lawsuit filed on April 22, 2019 by Kelli Tennant. [Read more…]

Choosing The Right Investigator

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. [Read more…]

Six-Part Series: Introduction to Workplace Investigation Interviewing Techniques

Preparedness is the foundation of a fair, thorough and neutral workplace investigation. This is especially true when conducting interviews of the parties or witnesses. Forming a good interviewing process will help you move through the investigative process with ease. In this six-part series, our experienced investigators at Van Dermyden Maddux Law Corporation provide an overview of essential interviewing techniques. Consider integrating these steps into your investigative plan when preparing for and conducting interviews.

Introduction to Workplace Investigation Interviewing Techniques: Part I — Physical Setting: The Importance of “Setting the Scene”

Participating in an interview about workplace misconduct of your peer – or even someone higher in the food chain than you – is often scary for employees. It is common for a witness to feel uneasy about the process. They undoubtedly feel apprehensive about speaking with you. It is your job to set them at ease. How? Prepare, before you even start the interview. An interview is most productive if you are able to make your interviewee feel comfortable. [Read more…]

Introduction to Workplace Investigation Interviewing Techniques: Part II — First Impressions Matter

As the saying goes, you only get one chance – and only a few seconds – to make a first impression. When it comes to conducting investigative interviews, first impressions often make the difference between effective and ineffective interviews. If you get this wrong, your interview may be doomed even before you ask a single question. [Read more…]

Introduction to Workplace Investigation Interviewing Techniques: Part III — Admonitions: Getting It All Out There in the Most Effective Way

As investigators, there are a number of advisories that we are required to communicate before we begin our interviews. For example, we need to clarify our role as an investigator and fact finder; communicate that the investigation is a sensitive personnel matter; set expectations for future discussions, if any; review policies that prohibit retaliation; and if compliant with NLRB v. Banner Health Systems, outline confidentiality admonitions. [Read more…]