Oppenheimer Investigations Group

The line between protected political speech and workplace disruption depends largely on who signs your paycheck. Public employees enjoy First Amendment protections that private sector workers lack, but even government agencies… more

Constitutional Challenges, Employee Rights, Employer Liability Issues, Employer Responsibilities, Employment Policies

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Neil Bautista

The Investigative Interview: Best Practices When Interacting with Third Persons

An investigative interview is an opportunity for the investigator to gather relevant facts related to a concern in a workplace. The role of the investigator during an investigative interview is to hear the perspective of the… more

Best Practices, Employee Rights, Employee Training, Employment Policies, Human Resources Professionals

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Madeline Buitelaar

Truth in Workplace Investigations: A Nuanced Pursuit

Two employees, one encounter, and two diametrically opposed stories. To the participants, their version is the absolute truth. When two people remember the same moment differently, how does an investigator bridge the gap between… more

Best Practices, Bias, Document Review, Employees, Employer Liability Issues

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Danielle Drossel

Navigating Retaliation Claims, Part 3: Rebuilding Trust After an Investigation

Welcome to Part 3 in this three-part series exploring how employers can effectively navigate retaliation claims. Part 1 explains the legal landscape for triggering actual or perceived retaliatory activity in a workplace… more

Anti-Retaliation Provisions, Best Practices, Dispute Resolution, Employee Rights, Employer Responsibilities

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Rachael Melford

Key Considerations for Investigating Police and Fire Personnel Misconduct

From timing and notifications to the sharing of information with respondents, the complex nuances of conducting workplace investigations involving public safety employees require an extra layer of care… more

Employee Misconduct, Employee Rights, Firemen, Internal Investigations, Investigations

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Alisha Meyer

Workplace Investigations in Litigation: Strategic Value for Both Plaintiffs and Defendants

Workplace investigations are generally conducted outside of a litigation context and involve complaints that are not ultimately litigated. However, inevitably some workplace disputes that are investigated do make it to… more

Arbitration, Employer Liability Issues, Employer Responsibilities, Employment Discrimination, Employment Litigation

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T. Jack Morse, Jr.

The Good, the Bad, and the Mediocre: Conducting Investigations that Pass Muster in Related Litigation and Arbitration

Presumably, the decision must have seemed reasonable to the employer at the time. It was 2010, and Romeo Mendoza, a nurse and mid-level supervisor at Western Medical Center Santa Ana (known as Orange County Global Medical Center… more

Arbitration, Dispute Resolution, Employer Liability Issues, Employment Discrimination, Employment Litigation

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Amy Oppenheimer

Key Insights for Impartial Investigations: Can One be Opinionated and Unbiased at the Same Time?

People, including investigators, have opinions, but that doesn’t necessarily get in the way of doing impartial investigations into school or workplace claims of misconduct, which often center around sensitive issues such as… more

Anti-Discrimination Policies, Bias, Diversity and Inclusion Standards (D&I), Employee Rights, Employment Discrimination

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Rachel Reddick

Digital Danger: When Social Media Posts Can Trigger Workplace Investigations

Employers bear the responsibility of preventing and correcting harassment in the workplace. While the line between on and off duty conduct has never been crystal clear, in today’s hyper-connected world of social media, the… more

Anti-Harassment Policies, Civil Rights Act, Employee Rights, Employees, Employer Responsibilities

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Christina Ro-Connolly

Efficiency, Bias and the Algorithm: AI in Workplace and School Investigations

As artificial intelligence continues its rapid integration into nearly every corner of our professional lives, it’s no surprise that AI tools are now being pitched as solutions for one of the more sensitive and complex functions… more

Algorithms, Artificial Intelligence, Bias, Data Privacy, Educational Institutions

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Erik Roper

A Case Study Analysis of Alleged C-Suite Abusive Conduct

Most would agree that workplace interactions should be professional and respectful. And few would dispute that a C-suite executive berating their subordinates with expletives, publicly mocking them, or subjecting them to… more

Anti-Harassment Policies, C-Suite Executives, California, Employee Training, Employer Responsibilities

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Zaneta Seidel

Finding Clarity in Chaos: The Art and Satisfaction of Workplace Investigations

Workplace investigations often begin in chaos. Investigators are called upon to sort out messy work conflicts, which might include any one or more of the following… more

Best Practices, Bias, Corporate Counsel, Dispute Resolution, Human Resources Professionals

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Garrett Smith

How to Scope Investigations of “Bullying” Complaints

Because bullying is not illegal, some may wonder why allegations of bullying or abusive conduct need to be investigated at all. However, though bullying may seem less serious than unlawful conduct such as harassment,… more

Anti-Harassment Policies, Best Practices, Compliance, Employee Handbooks, Employee Training

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Alezah Trigueros

Trauma-Informed Workplace Investigations: Practical Guidance for Legal Professionals

Workplace investigations often require navigating sensitive and highly personal issues, especially when allegations involve sexual misconduct, bullying, violence, or identity-based harassment. Legal professionals and… more

Anti-Harassment Policies, Best Practices, Employee Rights, Employee Training, Employees

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Ilona Turner

Understanding Unconscious Biases in Workplace Investigations

Unconscious biases, including implicit and cognitive biases, are pervasive in our daily lives and can significantly impact our decisions, even when we strive to be fair and objective. For workplace investigators, recognizing and… more

Anti-Discrimination Policies, Bias, Diversity and Inclusion Standards (D&I), Employee Rights, Employment Discrimination

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Maria Walker

Streamlining Title IX Investigation Processes: Best Practices and Strategies for Educational Institutions

Despite universities continuing to rise to the task of complying with the federal government’s increasing and everchanging Title IX requirements, much of the recent reporting regarding Title IX has focused on universities’… more

Anti-Discrimination Policies, Diversity and Inclusion Standards (D&I), Educational Institutions, Investigations, Sex Discrimination

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