A key witness agrees to talk, then disappears. Emails go unanswered. A promised list of available times never arrives. Meanwhile, the investigation clock keeps running, and the parties wait for an answer.

A nonresponsive witness can complicate an investigation, but it does not automatically bring the process to a stop. The investigator’s job is to…

Artificial intelligence (“AI”) tools are increasingly being marketed as a way to streamline workplace investigations: summarizing evidence, generating interview outlines, comparing witness statements, or even “detecting inconsistencies” in testimony. While these tools may appear to help investigators move faster, public employers should approach AI-assisted investigations with caution. California public agencies have unique obligations to ensure…

Conducting comprehensive and accurate workplace investigations is an integral part of an employer’s duties.  Whether the investigation involves allegations of minor violations of policy or more serious allegations of discrimination or harassment, each instance should be carefully analyzed to ensure all the relevant facts are uncovered so the employer can respond appropriately.  If left unaddressed…