Secrets of an Expert Witness: What I learned from CSI

by Cherryll Sevy, CMC

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In recent years, I’ve served as an Expert Witness in Human Resources cases. As a fan of crime solving mysteries, I found definite similarities to the crime-solving process in cases on CSI. The crime in this case was “wrongful termination” by an employer of a long time employee, and the subsequent lawsuit.

1. At the Crime Scene—Obvious and the Hidden Clues.
   I began my work on the case by spending hours poring over the physical evidence readily available. I reviewed all relevant files and documentation, including the final termination checklist and documented exit interview, handbooks, company policy and procedure manuals, performance reviews, documented discussions, emails, notes and depositions of the employee, managers, and others. I was carefully analyzing exactly what was done, said or written, as well as what may not be present.
   
   #1 Secret---Look at the action as thoroughly as an outsider might analyze it.
   Would your files and documentation support the action taken? Did you do what your procedures state you would do? Why or why not? Do the clues (facts) make sense, stand up to scrutiny, or do they tell another story?
   
   
2. Events leading up to the Crime.
   After reviewing all related facts and information available, I created a chronological map, indicating all the activities leading up to the decision and the actual termination, including who, what happened, where, and how? Just as important, are the events which are not present on this timeline. (For example, did the manager discuss the problem with the employee, and was it well documented?)
   
   #2 Secret—Look at the sequence of events
   • Were the preceding events “suspicious”, out of character, or inappropriate?
   • Were actions after the event questionable?
   • Were individuals involved who should have been, either before or after the event?
   
   
3. Motive—the “why”.
   Why this employee? Why now? Does this appear to be a random, impulsive decision? Was it a calculated, planned and well thought out process? Do the facts of the case appear to point to an emotional response—frustration, anger, revenge, or retaliation? While my role as the “expert witness” is to carefully review the facts and relevant information of the case, I am typically asked to state my assessment of the events. Did I see or notice anything out of the ordinary, or did the facts as I saw them adequately support the decision made? (Remember, in this case, I was not hired to support the employer’s position; rather that of the employee’s claims of wrongful termination.)
   
   #3 Secret---Look for any potential of an “underlying motive” that may be illegal.
   Review what you have written or practiced in the past and proceed within those guidelines. If you choose to do differently, get expert advice early and before the action is taken.

   Recommendation: If you don’t want to be a future “case study” in a law school class, and to better ensure your policies and procedures are most effective and well implemented, please contact Cherryll Sevy for more information.

   
   

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