When public employers conduct workplace investigations—especially those involving law enforcement or public safety personnel—the process becomes complex when potential criminal conduct overlaps with administrative misconduct. In these instances, investigators must protect both the agency’s right to accountability and the employee’s constitutional rights. The tool used to maintain this balance is the Lybarger admonition.What Is A Lybarger, Anyway?The Lybarger admonition originates from the California Supreme Court’s decision in Lybarger v. City of Los Angeles (1985) 40 Cal.3d 822. The case established that while a public employee may be compelled to answer questions in an administrative investigation, any statements made under such…
Continue Reading Delivering The Lybarger Admonition The Correct Way

You have just wrapped up your last witness interview.  The evidence is gathered.  The documents are organized.  Now it is time to write the report.You open a blank document.  You stare at it far too long.  You tentatively type, then backspace, backspace, backspace.  You sigh and close your laptop.  Maybe tomorrow.If this sounds familiar, you are not alone.  For many workplace investigators, report writing feels like a separate project bolted onto the end of an investigation.  But it does not have to be that way.  In fact, a good writing process and a good investigative process are not separate things—they…
Continue Reading Investigating the Write Way: How a Strategic Writing Process Can Drive an Effective Workplace Investigation

To the unsuspecting investigator, it might be surprising how public safety workplace culture differs from a standard workplace.  For example, how often do most employees have 48-hour sleepovers with their co-workers?  Enjoy meals and watching television together?  Hold the life of another co-worker in their hands?  And how often does whether an employee follows a supervisor’s directive impact the health and safety of public citizens in danger?  These questions point to the heart of what makes public safety employees’ working environments both unique and challenging to navigate as an investigator. Public safety employee relationships are multi-dimensional and unique.  This blog…
Continue Reading The Impact Of Public Safety Workplace Culture On Investigations

Climate and culture exist in every organization whether leaders acknowledge them or not. While they might go unmeasured, climate and culture quietly drive engagement, performance, and retention. A climate assessment can make the invisible visible. You likely started your business with a clear set of values and a vision for the culture you wanted to create. They’re probably still listed on your website. You may have turned them into posters, included them in annual performance reviews, and discussed them during new employee onboarding.But that was thirty hires ago.Now, the energy has shifted. Four people from the same team have resigned…
Continue Reading See Your Organization Clearly: The Power Of A Climate Assessment

Another year, another round of California employment law changes—and this time, workplace investigations are in the spotlight. The result? Four new laws and a state appellate court case broadened employee protections and introduced new compliance obligations that will influence the scope and execution of investigations. This quick read includes a summary of the most pertinent changes that will impact workplace investigations in 2026 and beyond. SB 513 — Expanded Employee Access to Personnel Records Includes Training DocumentationEffective: January 1, 2026

• What does the Bill say? Senate Bill 513 amends California law to explicitly include training and education records within the definition

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Continue Reading Key 2026 California Laws that Affect Workplace Investigations

Interviews are the heart of a Title IX investigation—particularly in K–12 settings, where students’ emotional and developmental needs must guide the investigator’s approach. This blog explores techniques and strategies for interviewing minors in a trauma-informed, legally compliant, and child-centered manner. Why Trauma-Informed Practices MatterInvestigators must recognize how trauma and stress can impact memory, communication, and behavior. Trauma-informed interviewing helps:

• Build trust and security.
• Increase the accuracy of information received.
• Reduce the risk of re-traumatizing the witness.
• Create a safe, supportive environment for the student.
• Ensure parents feel comfortable letting you speak to their child.

Core Trauma-Informed Interviewing PrinciplesBuild RapportStart with…
Continue Reading Conducting Trauma-Informed Title IX Interviews in K–12 Schools

K–12 schools operate within a complex legal and regulatory landscape when responding to Title IX reports. While the federal regulatory framework applies to both K–12 and higher education, K-12 school districts face unique considerations related to student age, parental involvement, and mandatory reporting requirements. This blog highlights the foundational elements of Title IX in K–12 settings and the unique factors schools must navigate when addressing allegations of sexual harassment. Title IX Requirements in K–12 SettingsThe 2020 Title IX regulations are in effect and outline how schools must respond to Title IX sexual harassment. Key requirements include:Role Separation

• The investigator and

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Continue Reading Understanding Title IX in K–12 Schools: Key Requirements and Unique Challenges

You walk into the interview room feeling ready. Your questions are set. The space is calm. The timing is perfect.But two minutes in, everything changes.Your interviewee’s eyes well up. Or they snap in frustration. Or they freeze, suddenly unable to speak. Whatever you expected, this wasn’t it.That’s the moment every investigator faces the reality: you can plan the interview, but you cannot script the person.We ask people to revisit moments that are painful, awkward, or deeply personal—and their reactions can be understandably intense. Tears, anger, silence, feeling overwhelmed…it’s all part of the terrain.Below are practical ways to stay neutral, steady,…
Continue Reading Managing Emotionally Charged Interviews

It started innocently enough—a weekly team check-in, the kind everyone has been on a hundred times since remote work became the norm. Cameras flickered on, the agenda was shared, and someone joked about “another day, another Zoom.” But within minutes, a few small lapses of judgment turned an ordinary meeting into a lesson in digital decorum—and legal exposure. We have all seen it:

• The Accidental Audience: When the project manager forgets to mute herself—and everyone hears her vent about her supervisor in real time.
• The Background That Speaks Volumes: When the analyst’s camera turns on with an unmade bed and

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Continue Reading Boom on Zoom: The Perils of Virtual Misconduct

Workplace investigators conduct investigations of all kinds. One that raises special issues involves pronoun misuse. A November 2024 report from the UCLA School of Law Williams Institute found that 82% of transgender employees experienced discrimination or harassment in the workplace at some point in their lives because of their sexual orientation or gender identity.[1] Sixty-five percent of transgender employees reported experiencing verbal harassment based on their sexual orientation or gender identity, including being persistently misgendered.[2] Transgender and gender-nonconforming employees may face unique challenges that their cisgender counterparts do not, including being referred to by the incorrect pronouns. Pronouns—such…
Continue Reading Investigating Claims of Pronoun Misuse in the Workplace

When conducting workplace investigations involving first responders, investigators must navigate unique legal requirements under California’s Public Safety Officers Procedural Bill of Rights (POBR) and Firefighter Bill of Rights (FBOR).  These statutes guide investigations into police and firefighter misconduct. They impose stricter procedural requirements than standard employment investigations, with critical notice and admonition requirements for Respondents accused of misconduct.   Critical Timing and Strategic ConsiderationsBefore considering specific requirements, investigators must be acutely aware of statutory deadlines. Both POBR and FBOR impose a one-year statute of limitations from discovery of alleged misconduct for employers to notify employees of potential discipline. Therefore, investigators should…
Continue Reading Respondent Notices and Admonitions Under POBR and FBOR: You Should Sweat The Small Stuff

Nearly a third of American workers have been bullied at work, according to a 2024 survey by the Workplace Bullying Institute (WBI).  Thirty-two percent of respondents in the WBI survey reported experiencing “abusive conduct that is threatening, intimidating, or humiliating; work sabotage or verbal abuse” in their current job or work history.  Such bullying not only affects the employees involved, but also creates challenges for employers and workplace investigators.  Claims of bullying are different from allegations of discrimination, harassment, and retaliation, which implicate specific employment laws.  By contrast, bullying is not prohibited under federal or state law, so there is…
Continue Reading Bullying Investigations: Key Considerations for Workplace Investigators

Our neutral, fact-finding investigations are most commonly detailed tools that enable employers to make employment decisions. It is therefore critical we remain up-to-date regarding the changing legal landscape to understand which facts are relevant to reaching an informed decision. While we investigate a variety of employment-related concerns, a specific form of retaliation, known as whistleblower retaliation, sometimes crosses our desks. What is Whistleblower Retaliation? Whistleblower retaliation occurs when an employer takes negative employment action against an employee who reported conduct by their employer that they reasonably believe is against the law. In California, Labor Code Section 1102.5 (California’s whistleblower statute)…
Continue Reading Who Are Considered “Employees” With the Right to Sue Under California’s Whistleblower Statute? According to the California Supreme Court, Not Elected Officials.