DON'T PUT OFF CRISIS INVESTIGATIONS.

• Author: Blinn-Spears, Bridget

Late on a recent Friday afternoon, my six-year-old son walked into my home office with Scotch tape across his mouth (to show me that he was planning to be quiet) and gave me a hug. Ignoring my insistent instruction to stay out of the office while I was on a work call, he was clearly visible on my computer screen as I interviewed a witness in an investigation for a client. Fortunately, the witness was also a parent working from home under imperfect circumstances because of the COVID-19 pandemic. She had shouted at her own son to close the door while he used the restroom earlier in the interview, and I had commiserated that I also had to remind my kids to close the door (and to flush and wash their hands).

CRISIS REQUIRES ACTION

Even in crisis, critical operations continue, and opportunities for legal and policy violations abound. Whistleblowers and employees subject to discrimination and harassment are particularly vulnerable as streamlined operations create fewer checks and balances on employment decisions. Changes in chains of supervision may expose employees to new relationships in stressful situations. Stress may reveal biases and lead to more overt discrimination and harassment opportunities. Additionally, issues with fraud and embezzlement are often uncovered when the responsible employees are unexpectedly out of the office.

Crisis brings out the best and worst in people. Unprecedented challenges like a global pandemic raise the stakes of personnel decisions, exacerbating power structures that may reveal significant vulnerabilities. Employees may also become confused about where to report issues as roles and personnel change. Wise employers will provide clear channels for reporting and continue to prioritize prompt investigation of employee complaints and potential misconduct to avoid criticism in hindsight when the crisis has passed.

PRIORITIZING PROMPTNESS THROUGH TECHNOLOGY

Best practices ordinarily involve prompt, in-person interviews with key witnesses for most investigations. Social distancing requirements, like weather-related disasters that may disperse employees far from their usual work locations, can make in-person interviews much more challenging to accomplish. But, technology allows investigations to proceed without delay.

Video conferencing allows investigators to see witnesses in real time and make similar observations to those they make in person regarding facial expressions and body language, and screen-sharing...