Oppenheimer Investigations Group LLP

It’s one thing to define the scope of a workplace investigation. It’s another to stick to it! Scope creep can be real. So how do internal HR teams and external investigators complete thorough investigations without going down a rabbit hole of extraneous information? OIG attorney investigators Ilona Turner and Madeline Buitelaar, AWI-CH tackled this topic on Wednesday at the CalGovHR “The Future of Work!” 2025 Conference and Expo in Rohnert Park, CA. During the interactive workshop, they walked participants through several important steps: - Identifying the key elements of a complaint - Determining which need to be investigated - Crafting the scope questions that will be answered by the investigation - Interviewing complainants in a trauma-informed way #WorkplaceInvestigations #OIGlaw #PublicSectorHR

ICYMI: OIG attorney investigator Maria E. Mendoza Walker, Esq., AWI-CH wrote this piece for Corporate Compliance Insights, in which she explains why proactive planning and clear protocols are essential for a smooth external investigation. #WorkplaceInvestigations

Our team had a wonderful time at the annual CLE conference produced by the Berkeley Center on Comparative Equality & Anti-Discrimination Law. The conference theme was “New Developments in Gender Discrimination and Harassment Law in California, The United States, and Beyond.” Ilona Turner co-presented on the panel entitled “Restorative Justice,” and Vida L. Thomas co-presented “Investigations (Investigating a Title VII Complaint).” The two groups of panelists are pictured here. Thanks to all who participated in the conference for your insights and thoughtful engagement. #WorkplaceInvestigations #TitleVII #RestorativeJustice #OIGlaw

OIG is a proud participant in the annual CLE conference produced by the Berkeley Center on Comparative Equality & Anti-Discrimination Law. The conference theme, “New Developments in Gender Discrimination and Harassment Law in California, The United States, and Beyond,” is sure to raise thought-provoking issues in the current, dynamic political and legal environment. There is still time to register for the conference, which runs January 23-24 in person on the Berkeley campus and online. Two OIG attorneys will be presenting this year, both on the Thursday schedule. Ilona Turner will be a co-presenter for the panel entitled “Restorative Justice.” Providing their unique perspectives, Yoana T., Lecturer in Law at Berkeley Law and a?Restorative Justice Practitioner, and Ngozi M., Lecturer at the Nile University of Nigeria, will round out Ilona’s panel. In addition, Vida L. Thomas will be co-presenting “Investigations (Investigating a Title VII Complaint).” Co-presenting with Vida are a set of private practice lawyers and investigators, as well as Oshia Banks, an administrative judge at the Equal Employment Opportunity Commission (EEOC). To view the full conference schedule and registration information, please visit the conference web page: https://lnkd.in/gYgM2MzG

Employment litigation often rises or falls on the question of what the employer did to prevent and respond to workplace harassment and discrimination. When that is a key issue, an expert on the topic can make or break the case.? ? OIG attorney investigators Danielle Drossel, AWI-CH and Amy Oppenheimer will be presenting the webinar “Using a Liability Expert in Litigating Employment Cases” on January 7, 2025, at 9:00 AM (PST)/12:00 PM (EST). The program, which is being produced by Celesq, will address issues related to: ? - Knowing when to retain an expert - What experts can (and can’t) testify about - Ways to successfully work with a liability expert - Understanding how a workplace investigations expert will analyze a case ? There is still time to register for the live event through the West LegalEd Center. If you miss the live event, the program will be available on demand in a few weeks. We’ll share information about that when it is posted. https://lnkd.in/g9GZfjgN ?

And that’s a wrap! What an inspiring and informative three days in Monterey attending the 2024 CALPELRA Annual Conference. Our elevator wrap sponsorship in celebration of the conference theme “Elevate Your Game” made a splash. Beyond that, presentations from OIG attorney investigators Ilona Turner and Madeline Buitelaar, AWI-CH on “Analysis Paralysis: Writing Strong Investigatory Findings” and Rachel Weidemann Reddick on “Navigating PERB: Confidentiality and Workplace Investigations,” were well received by attendees, most of whom represent California’s public sector employers. Can’t wait for next year’s event! #WorkplaceInvestigations #CALPELRA2024?

Our founding partner?Amy Oppenheimer recently wrote for Law.com about the work she has done as an expert witness. In these cases, we are called upon to testify regarding whether investigations have been performed correctly, typically looking at three main areas: ? - Was the investigator the appropriate person to conduct the investigation? - Was the investigation conducted in a fair and thorough way? - Were the investigation’s findings consistent with the evidence? Our firm has served as an expert witness for both plaintiffs and defendants in cases where the industry standards have or have not been met. Either way, our testimony serves to help educate others on the best practices and appropriate standards relevant to the impartial investigatory work that we do every day. ? You can check out the full article in the Publications area of our website: https://lnkd.in/gAR32ynp ? #WorkplaceInvestigations #ImpartialInvestigations #ExpertWitness #EmploymentLitigation

Amy Oppenheimer,?who led the founding of both the?Association of Workplace Investigators, Inc. and our law firm,?continues to lead the charge on industry education and promoting the role of the impartial investigator. ? Recently, Amy teamed up with?Eli Makus to present at AWI’s annual conference in San Diego. The topic, “Workplace Investigations: The Meaning of Independence,” was an engaging discussion covering a number of important themes, including: ? - How employers can best fulfill their legal and ethical obligations to conduct impartial investigations into claims of misconduct - The investigator’s obligations related to confidentiality, communication with clients, the workforce and external stakeholders - Avoiding conflicts of interest and biases - The meaning of due process - How attorney-client privilege protects private information regarding complainants, subjects and witnesses (including medical and personnel information) - Managing public misconceptions about the process or outcomes ? We find that many people fail to appreciate the ethical duty to impartiality that is inherent to the third-party, attorney-investigator role. ? The bottom line: An attorney investigator hired as a fact-finder is retained specifically to be independent, and there are many mechanisms to hold them accountable to these standards. It is often not proper for the full scope and findings of an investigation to be made public, however this does not take away from the fact that the investigation was fair and independent. ?#WorkplaceInvestigations #ImpartialInvestigations #AWI #AWIAnnualConference #AWI2024

The backlash against DEI in business and education reached a critical juncture with the U.S. Supreme Court’s decision to strike down affirmative action in higher education. However, creating workplaces where diversity, inclusion and belonging are valued is still an imperative for many. In her recent article for the Pacific Coast Business Times, “Navigating legal challenges and corporate commitment,” OIG attorney investigator Danielle Drossel, AWI-CH explores this topic and offers insights into ways that employers can reduce their risk as they strive to “get it right.” You can read the full article in the Publications area of our website. #WorkplaceInvestigations #WorkplaceDEI #EliminatingBias #Harassment

Leadership and service are two core values at OIG. We encourage our attorneys to grow as professionals and give back to the community in which we practice. ? OIG attorney investigator Christina Ro-Connolly has dedicated many hours in support of the California Lawyers Association Labor and Employment Section. This year, she continues her volunteer leadership by serving as the section’s Executive Committee Chair. ? Congratulations, Tina! ? View the full announcement: https://lnkd.in/ezSTmTND ? #WorkplaceInvestigators #Leadership #CaliforniaLawyers