Entries by Mark Flynn

Can a “Privileged” Investigation also be “Independent?”

I was  honored to speak at the Colorado Bar Association’s Employment Law Section luncheon on February 18, 2016. A question was raised there that has been replaying in my head: “How can you claim that a privileged investigation is also independent?” To stop the replaying of actual or imagined dialogue in my head, I offer this post. My revised short answer is, “Pretty […]

Tip of the Iceberg? – Workplace Assessment Tips

Workplace investigations and workplace assessments look a lot alike. The process of interviewing and generating a comprehensive report is usually the same for both. The term “assessment” exists to distinguish it from a garden-variety investigation. Investigations answer, “What happened?” Assessments answer, “What is going on?” Assessments are proactive where investigations are reactive. The distinction is primarily one […]

Good Will Hunting and Workplace Investigations: Vigilance Against Bias

I like to ask the “favorite movie” question and Good Will Hunting is a popular pick in my experience. To Good Will Hunting fans I sometimes present a “did you notice” question. It starts with recollection of a favorite scene in the movie – when Will (Matt Damon) steps into Chuck’s (Ben Affleck’s) conversation at a bar with […]

“Neutral” Investigators Should Disclose Their Responsibility to Resolve Conflict: Fact-finding versus Fact-gathering

Workplace and school investigators often begin investigation interviews by describing their role as a “neutral and objective fact-finder.” The primary point to make is that the investigator is not biased. More than anything, objective and systematic interview process demonstrates the investigator’s intent to first understand each participant’s side of the story. That’s a good thing, but it is not […]

Promoting the Investigations Profession

The Denver Local Circle of the Association of Workplace Investigators meets Thursday, September 3rd from 4:30 to 6:00pm at Liz Rita’s office -2401 15th St., Set 300. After socializing, we will share and discuss investigator engagement agreements. This is a great opportunity for internal investigators to learn more about AWI and engaging third-party investigators. Email […]

Welcome to EMFIG.com

For my first entry, I want to say a little about my business and how it came to be – kind of a vision statement too. To start this endeavor I left my job; my very stable, fine job with an outstanding organization. I recognized that I was roughly half-way through my career. I asked of […]