About Us

Mark J. Flynn, Esq., SPHR

Mark Flynn is an employment attorney in Denver, Colorado and founder of Employment Matters LLC and Flynn Investigations Group (“EMFIG”). Mark started EMFIG to continue his specialization in conducting workplace investigations and providing counseling and training seminars on employment matters. Mark views compliance and conflict resolution as fundamental to a preventive law approach to promote effective, prosperous workplace and school environments. Previously, Mark worked at a 3,000-member employers association for over 18 years, where he developed and managed a team of investigators performing over 100 investigations annually.

A graduate of the University of Michigan and Chicago-Kent College of Law, Mark has managed and conducted impartial investigations and broader assessments to address all forms of workplace discrimination, harassment, whistle blowing, threats of violence, retaliation claims, sexual violence, theft, policy violations, and employee performance and behavioral concerns involving all levels of management – including elected and appointed public officials. Mark has published multiple articles on workplace investigations and unlawful retaliation and has acted as an expert witness on the adequacy of workplace investigations in federal trial matters. Mark also maintains the Senior Professional in Human Resources (SPHR) certification and the ATIXA Title IX Investigator certification.

Mark is a sustaining member of the Association of Workplace Investigators (“AWI”) and serves on AWI’s Guiding Principles Committee.

Testimonials

Mark Flynn and I worked together for years conducting workplace investigations and assessments. Based on those experiences, I can say Mark is truly a skilled and insightful professional in conducting effective, thorough and defensible investigations. Mark works closely with employers to structure and organize investigations and assessments to maximize their efficiency and value in resolving workplace complaints and conflict. Employers repeatedly trust Mark’s dedication to neutral and objective factual investigations which get to the root of the issue.

Chris Chrisbens
Chris ChrisbensAffirmative Action Planning & OFCCP Compliance - Attorney at Jackson Lewis, P.C

Workplace investigations is an art form and Mark Flynn, is one of the greats! Mark has a deep understanding of the intricacies involved in conducting workplace investigations that respects both the process and those going through the process. During my time under his leadership, Mark emphasized the importance of building rapport with the interviewees as well as the ability to write clearly and concisely in order to achieve the best result — not just for the employer, but for all the parties involved. If you’re looking for a quality workplace investigator with integrity, then you need to hire Mark.

La Kischa Cook
La Kischa CookAttorney

As a employer member of MSEC, I have had the pleasure to work with Mark Flynn for the past few years. He is very knowledgeable of employment law and has assisted me on several occasions with the investigation of employee relations issues and conflict resolution. He knows just what questions to ask to help manage and resolve “sticky” situations. His assistance has helped my company successfully navigate these challenging employment issues. I have also attended MSEC courses and have found him to be well-spoken and an excellent presenter.

Cathy DaVisioAdministrative Manager at MetCom

I was pleased to work with Mark Flynn as a testifying defense expert in several employment discrimination cases in which Mark addressed the legal and factual underpinnings of employer-conducted internal investigations at issue. Mark’s opinions are informed by the hundreds of investigations Mark has conducted and directed in his career. He is thus uniquely positioned to succinctly relate the legal standards for workplace investigations and their application in a given case.

Mark presented an unruffled, deliberate demeanor as well as the keen ability to defuse attempts by opposing counsel to alternately distract and bully him. Mark’s testimony reflected his thoughtful insights concerning investigations as well as his genuine concern for employers and employees.

Patricia Fennelly
Patricia FennellyAttorney

Jody Luna, J.D. – Senior Investigator

Jody Luna joined Employment Matters LLC in May 2016 as a Senior Investigator. Jody brings over a decade of concentrated experience in the performance and management of workplace investigations to EMFIG. Between 2005 and 2012, Jody functioned as a lead investigator before assuming the role of Workplace Investigations Manager at Mountain States Employers Council (MSEC). As manager, Jody helped defined the scope of incoming investigations, trained and developed a staff of attorney investigators, developed and conducted seminar training, and provided hands-on, quality assurance review to over one-hundred investigations annually. Jody has personally conducted over two hundred investigations and managed hundreds more for various corporate and public entities. Jody has also defended her investigation process and conclusions before administrative courts and in depositions.

Jody focuses on complex Human Resources investigations and broader management assessments of all kinds including harassment and discrimination claims, ethics and misconduct allegations, and workplace violence concerns. Jody’s deep employment law background is further supplemented by roles with the Colorado Supreme Court and in healthcare compliance. She has also earned advanced Title IX Investigator certification and is an active member and supporter of the Association of Workplace Investigators (AWI).

David Vogel, J.D. – Senior Investigator

David Vogel began his legal career as a labor and employment attorney in 1997 and worked as a litigator in a variety of fields before becoming a workplace investigator in 2012. His experience representing plaintiffs and defendants makes him uniquely suited to serve as an impartial investigator, while his litigation background provides him with insight into the high level of work necessary to withstand legal challenges. David has completed over 125 investigations arising from a wide range of issues, including harassment, discrimination, hostile work environment, employee performance, and workplace misconduct, for public and private employers of all sizes. He specializes in complex and sensitive investigations, such as those involving multiple claims, complex or technical facts, high-ranking employees, and elected officials. David has also defended his investigation process and findings in deposition.

David joined Employment Matters LLC as a Senior Investigator in mid-2016 after more than four years as a workplace investigator at Mountain States Employers Council (MSEC), in Denver, where he also trained human resources and legal professionals about how to conduct prompt, thorough, and objective investigations. David earned a Title IX investigation certificate from T9 Mastered in California in early 2016, which includes training on trauma-informed interviewing skills. David is an active member of the Association of Workplace Investigators (AWI), where he serves on the Annual Conference Committee with colleagues from across the country to plan the organization’s annual conference and select conference speakers.

Jim Long, Esq. – Senior Consultant

Jim Long is a civil rights attorney and Senior Consultant with EMFIG. Jim recently retired as a Senior Attorney with the U.S. Department of Education’s Office for Civil Rights (“OCR”), the primary agency enforcing laws which prohibit discrimination based on race, color, national origin, gender, age, and disability in K-12 and post-secondary educational institutions, vocational rehabilitation programs, and libraries. Jim specializes in training and education conference presentations, conducting civil rights and management investigations, and providing expert reviews for parties in Title IX, Title II, and Section 504 (disability) litigation. Jim is a trained mediator and collaborates with parties to develop compliant civil rights policies to effectively and fairly respond to complaints in the workplace and school settings, and to establish fact and law-based approaches to resolve cases in litigation. Helping institutions develop effective policies that are clear, concise, and comprehensive tools for ensuring compliance with applicable civil rights law is rewarding for Jim.

A graduate of Creighton University, the University of Texas School of law, the Judge Advocate General of the Army’s Graduate Program, and the Army’s Command and General Staff College, Jim has directed and conducted (and provided legal review of) dozens of investigations and compliance reviews related to complaints of discrimination, harassment, retaliation, and sexual violence. He has provided expert witness analysis in Title IX (gender-based discrimination) litigation and provided training and presentations at numerous local, state, regional, and national conferences on a wide range of civil rights issues. As a prosecutor, Jim prosecuted more than 150 criminal cases in the Army and directed or consulted on the prosecution of scores more. Jim is a member of the Board of Directors and a Professional Associate of the National Association of Americans with Disabilities Act Coordinators.

Kim Deluca, J.D. – Senior Investigator

Kim joined Employment Matters LLC in January 2017. Kim offers a diverse legal background having worked in a big law firm environment, in-house for a large corporation, and most recently as an investigator and manager of workplace investigation services for one of the largest and most respected employer associations in the country. Kim began her legal career as an associate attorney with Sherman & Howard L.L.C. in 2003, before transitioning to an in-house role with Noodles & Company and a wide range of responsibilities for several years.

Kim discovered her professional passion as a workplace investigator at Mountain States Employers Council, Inc., where she began performing workplace investigations exclusively. There, Kim was elevated to the role of Workplace Investigations manager responsible for training and development of a team of investigators, as well as related seminar training and quality control of well over 100 investigations annually. Kim has distinguished herself among fellow investigators and employers as a standout in the profession. Best of all, Kim enjoys passion for her work, which makes her a perfect fit for EMFIG. Kim is also a certified mediator.