To most people, the Family Medical Leave Act, aka FMLA, shines as an example of civilizes society—a safety net that allows employees the scope to care for an ailing parent or address debilitating health problems without falling into unemployment. It’s there to protect the interests of the single parent with a sick child, the woman in the midst of a complicated pregnancy, or the cancer patient suffering the side-effects of chemotherapy. However, there are those employees who may engage in FMLA abuse
Sadly, however, a number of employers find themselves at the mercy of the darker side of FMLA. Their plight is not a reflection of a poorly designed initiative, but rather of a creed of employee who feels entitled to abuse that very safety net—leaving the company that provides their paycheck to take the hit, and perhaps even the security of those who need FMLA the most, too.
In certain cases, an FMLA abuse red-flag may be raised by rumors, but the company could find that it still doesn’t have much room to maneuver. This might occur in the case of absences that don’t quite align with medical diagnoses or certifications, those that fall across holidays or either side of weekends, or those encompassing invisible chronic illness that is hard to quantify or measure. In this instances, corporate investigations into FMLA abuse can be delicate to navigate, with poor execution drawing substantial costs of even litigation. When such complexity arises, support from a private investigator who is well versed in FMLA abuse investigations can save both losses and heartache.
The Far-Reaching Tendrils of Endemic FMLA Abuse
A trusting employer may well find themselves asking: why would anyone jeopardize their position for a few falsified days off? In reality, there are many reasons why people justify FMLA abuse to themselves, including a desire for more leisure time or wanting to earn more money by working a second job in parallel.
Some, however, can be indicative of the need to raise the investigative alarm, such as reactive abuse in times of pending workforce reductions, or after the limiting of working hours. Employees who feel undervalued or mistreated may be more likely to abuse the support systems available to them, while those realizing that their colleagues are engaging in all manner of workplace misconduct or abuse may feel drawn to follow the crowd. Fundamentally, FMLA abuse can become a morale-trashing and disruptive presence that triggers a cascade of detrimental impacts.
The Challenges of Tracking FMLA Abuse and What You Can Do
Protections outlined by the Health Insurance Portability and Accountability Act mean that even the most on-the-ball HR department is restricted in terms of what personal medically-related questions they can ask in an FMLA abuse investigation, and the wrong actions can draw legal ramifications. Employers can seek recertification, but the frequency of this practice is also somewhat limited, leaving scope for unproven fraud to run rampant.
A company might also take up the opportunity to seek independent medical exams, as provided for under FMLA legislation. But, this can be a costly process, and may still not get to the bottom of the issue. For many businesses, a far more affordable and effective solution is to engage a corporate investigations firm, who can discreetly carry out specialist surveillance and intelligence gathering within the scope of the law, with the company’s integrity in mind.
The process of achieving the necessary empowerment to deny job restoration to an FMLA abuser requires finesse, but with an expert on hand, companies and organizations of any scale can navigate this process with confidence. Such support will assure informed guidance through case monitoring, navigating communication correctly, and in identifying available paths in the pursuit of due process—as well as expert testimony in the case that FMLA abuse investigations arrive before a judge.
Stop the Rot: Preventing the Spread of FMLA Abuse
The idea to abuse the FMLA system can spread at an alarming pace if employers fail to draw a clear line in the sand—or to forge an environment that fosters values like shared responsibility and the pursuit of excellence among staff. In contrast, when corporate culture is blossoming, the temptation to abuse company resources is reliably diminished. Employers can achieve this bountiful prosperity by engaging pro-actively in periodic corporate culture audits. By being ahead of any unhealthy workplace patterns and working from a clear plan that constantly moves the needle towards envisioned potential, the risk of FMLA abuse, workplace discrimination, corporate theft—and more—can be kept on the back foot. If you require the assistance of corporate investigations services targeting FMLA abuse or want to know more about how auditing can help keep your company thriving, why not contact the Lauth Investigations team today for a no-obligation quote.
Whether you own a business or manage a nonprofit organization, one of the inalienable truths about both is that you need good people to be successful. Good help can be hard to find, but not if you have the correct procedures in place with regards to hiring and promotion. That means implementing comprehensive background checks and exercising due-diligence in confirming the facts. However, many businesses and nonprofits find that they are ill-equipped to conduct thorough background checks in addition to managing their day-to-day operations. That’s why many in leadership are looking to outsource background check procedures to third-party companies.
When it comes to handling background investigations internally, the most important thing to remember is that they are internal. This can become a problem in a situation where a current employee is being promoted from within. The internal investigator who is conducting the background investigation may have a personal relationship with the candidate, which can muddle the integrity of the investigation. That’s why when businesses outsource background check investigations, they can count on integrity to be a tenant of that investigation. This way the investigation can avoid any conflict of interest.
When you outsource background check operations to a third-party firm, you also get the expertise that’s necessary to get comprehensive, clarified intelligence. Internal employees who’ve been tasked with conducting background checks may lack the required insight to properly contextualize items of interest. For instance, some employers look at a long address history on a candidate’s background check as a sign of transience and a lack of ability to make a serious commitment. However, a professional like a private investigator would look at all aspects of the background check for proper context—like a history of house-flipping for profit that would require a new address after completing each project. This crucial context prevents that candidate from being disqualified in the first round of due-diligence in hiring processes, and the company would not miss out on an opportunity in a new employee.
Background checks, when executed correctly, take a great deal of time. All of the facts must be cross-referenced for confirmation, facts must be properly contextualized, and it may become necessary to contact subjects of interest on the background check in order to exercise the proper due-diligence. This can further exacerbate the disruptions that the hiring process brings to daily operations. With disruption comes loss of profit and frustration for the internal team. Making the decision to outsource background check operations can ensure that the day-to-day of a company or non-profit is not interrupted to their detriment, while maintaining the integrity and clarity necessary.
If you need comprehensive background check services for your corporation or nonprofit, call Lauth Investigations International today at 317-951-1100, or visit us online at www.lauthinveststg.wpengine.com
Imagine the scenario: an employee comes to you and alleges that a pillar member of your leadership team has repeatedly addressed them using racial slurs. Or perhaps, a low level manager expresses concern that they have been repeatedly overlooked for promotion because of their sexual orientation or identity. What do you do? You launch a discrimination investigation.
As an employer, you have a legal obligation to nurture an environment that is free of discrimination’s many ugly faces. So, in these instances, the only correct course of action is to launch a workplace discrimination investigation.
Discrimination can manifest in many ways: hiring, firing, and promotion decisions; the withholding of raises, perks, or bonuses; verbal abuse or microaggressions; or the forging of a biased or bullying atmosphere. Ultimately, whenever mistreatment in the workplace is driven by bias towards a personal characteristic or status—be it sexual orientation, age, disability, race, or others—it likely falls under the umbrella of anti-discrimination laws. This means that your duty to launch a corporate investigation is triggered, and now is the moment for action.
Knowing What to Do In the Face of a Workplace Discrimination Complaint
There’s no doubt that a swift response is required in the face of a workplace discrimination complaint, but so too is caution. Failure to act leaves the door open to a human rights complaint or civil suit from the victim, but acting over-zealously opens a neighboring door to the same actions from the accused. The place to start is in turning to your own HR policies, which should always be clearly outlined, up to date, and well communicated.
Historically, courts have considered employees bound by their written policies, so digression is a dangerous game. From there, the best investigative strategy can be identified—informed by the knowledge that discrimination can be nuanced and multi-faceted, making it harder to evidence and document. Keeping discrimination investigations in-house can be another risky route, as it makes way for accusations of bias. In many instances, turning to a trusted and impartial corporate investigations service can be the most sturdy and cost-effective course of action.
The Benefit of Having a Corporate Investigations Specialist in Your Corner
Whenever a distressing accusation emerges within a workplace, fast resolution and damage-control are always going to be on everyone’s minds—whether that means concluding with termination or not, a discrimination investigation is vital. While closing the case file may seem tempting and within reach, all workplace discrimination investigations should be mounted with the potential for litigation in mind. A court may look unfavorably on investigations conducted by those who are under-trained or inexperienced, while inadequately documented efforts may topple even the most ethically conducted corporate investigation.
A private investigator who is well seasoned within the corporate world will offer expert support in conducting interviews, navigating confidentiality, communicating with lawyers, and weighing mitigating factors from a legal standpoint. They will also have complete and comprehensive knowledge of state-relevant legal obligations and how to form a case-file that is ready for scrutiny—as well as being able to step in as an expert witness should the need arise. Of course, the role of corporate investigations services need not begin there, but can actually serve at the prevention stage, safeguarding organizations against peril of considerable losses.
A Corporate Culture Audit Provides Armour Against Workplace Discrimination
One of the best resources in the corporate culture toolkit when it comes to tackling workplace discrimination is to stop a hostile work environment from reaching boiling point—and ideally even prevent it from forming in the first place. In this endeavor, a corporate culture audit serves as a health check for workplace prosperity. This proactive form of corporate investigation lets you know if your organization is working as a well-oiled machine, or if a variety or opportunities for improvement have been going undetected—gradually eroding employee wellbeing, performance, and trust. The dedicated corporate investigations team at Lauth Investigations is here to serve you, so learn more about the role we can play in bringing your workplace discrimination investigations to successful resolution, as well as the transformative powers of our innovative Corporate Culture Audits. Alternatively, contact the team today to discuss your unique needs in detail, and receive a free no-obligation quote.
You’ve just pulled the trigger on hiring a bright and bold new employee, and you couldn’t be more excited. On paper, they are everything that your organization’s been looking for—and the decision to welcome them into your team comes with an implicit trust and vulnerability. So it can be difficult to imagine that such a candidate would engage in employee theft, but it is never out of the question.
At times, that faith can be bountifully rewarded, but at others, it can be met with deception and disappointment. This might be a cruel twist of fate, but it could be a correctable omission in your policies and procedures. Either way, what do you do next?
The dedicated corporate investigations team here at Lauth Investigations make it a number-one priority to help businesses like yours to minimize the risk of crises triggered by employee theft or fraud—or navigate such unwelcome occurrences with swift and decisive action, for optimal results. Read on to learn more about how to kick a laser-sharp corporate investigation into action, and the rewards to be found in harnessing preventative corporate culture audits.
Most Companies are Naive When it Comes to Employee Theft and Corporate Fraud
How common do you think workplace theft might be? Could the guilty among the workforce be 1 in 100, or perhaps 1 in 10? Shockingly to some, research reveals that roughly 75% of employees have stolen at least once over the course of their careers, resulting in a staggering $50 billion in losses absorbed by American businesses every year. While a visionary employer certainly shouldn’t allow such numbers to make them jaded at the cost of innovation, whenever suspicion arises, effective corporate investigations should certainly follow!
One of the other pitfalls that can often be correlated with misconceptions about corporate fraud, workplace theft, and even corporate data theft, is a hole in company policies. Each and every organization should have clear and calibrated policies in place that serve as a road map for handling these issues. The absence of such policies—or deviation away from them—can be detrimental should civil or criminal litigation be on the cards. If in doubt, turning to an expert corporate investigations specialist can ensure the best possible trajectory forwards, whether crisis has already arrived or not.
The Advantage of Assigning an External Corporate Investigator
Above all else, the goal of the dedicated corporate investigations specialist is to protect the resources and reputation of the company they serve. While this may be an appealing proposition, many employers still wonder if they can get away with conducting theft or fraud related corporate investigations in-house.
While this can be an effective option, internal theft and fraud investigations do come with some degree of inherent risk. The act of one colleague investigation another can leave a company open to accusations of bias or a cover-up. Meanwhile, the employee burdened with the responsibility it drawn away from their usual tasks—leaving either their professional role or the investigation to suffer. Finally, poorly conducted investigations can become a legal minefield if a neat conclusion is not forthcoming.
Following every lead to uncover and act upon suspected crimes in the workplace should be an unwaveringly thorough process. If not, the consequences can be far reaching, which is why a seasoned private investigator can be the ultimate ally. Gathering evidence, conducting interviews, liaising with authorities, and tracing assets are all part of the job—and these diligent, impartial, and fast moving investigations allow companies to get back to doing their best work at the first possible opportunity.
Revealing Pervasive Patterns and Turning the Corner Away From Employee Theft and Fraud
When all signs point to a crime being committed, a laser-focused corporate investigation is the appropriate course of action. However, what is the right path when managers or CEOs have a niggling sense that something isn’t right, suspect widespread misbehavior, or feel that the company is inexplicably underperforming?
In these moments, a comprehensive corporate culture audit is an excellent undertaking—akin to a health-check for your business. This particular arm of corporate investigations services offers preventative momentum, the chance to gain a clear picture of a broad array of potential hidden issues, and a plan that is ready to correct them. If you suspect that corporate theft or fraud is occurring on your watch, reach out to the Lauth Investigations team for friendly and definitive advice on the options that lay before you. Learn more about our expertise in the field of corporate investigations, and about the transformational power provided by corporate culture audits. Alternatively, contact us today for confidential guidance on your unique situation, and to receive a no-obligation quote.
The inundation of phone calls from scammers, phishers, or “bots” as we’ve come to know them is a regular part of life for those with cell phones. For many of us, it’s simply a matter of blocking the call or taking some additional measures to mitigate the deluge. However, for more vulnerable members of our families, like minor children, the elderly, or the infirm, these calls can represent a credible threat. We’re here to pass along some tips from the Federal Trade Commission on how we can protect our families from these phone scams.
In 2019, it was estimated that a total of $10.5 billion dollars were lost to phone scammer calls. Such a figure in itself is enough to make your head spin when you consider how much good that sort of money could do. Phone scammers have used a myriad of schemes and disguises in order to defraud citizens and corporations alike out of their hard-earned money. Phone scammers may masquerade as a major company with whom you likely have an account, like Amazon, or be fronting as someone working with a nonprofit. However, the 2020 pandemic was the gasoline that caused that figure to almost double—with a total of $19.7 billion dollars lost to phone scams in 2020. The element of the pandemic allowed phone scammers to capitalize on victims’ fear of dangers associated with the coronavirus. Now, even as pandemic restrictions relax, multiple reports are projecting that anywhere between $29.8 and $53.4 billion in total losses. Here are ways the FTC has recommended to curb these phone scams:
Call Blocking:
Most cell phones, landlines, and internet phone services now come equipped either with call-blocking capabilities, or have apps available that help users reduce the amount of phone scams their number receives. Call-screening is also recommended when a user does not recognize the phone number, as picking up the phone for a phone scammer may be just enough to alert the scammer that this is an active number and a viable target is waiting on the other end.
National Do Not Call Registry:
For some families, the National Do Not Call Registry is a viable option to prevent their loved ones from receiving calls from legitimate companies. However, this option does inherently protect the user from phone scammer calls. In the same vein, do not press any buttons if you happen to pick up a robo call or phone scam call, because that could lead to more phone calls.
Talk About It
Talk to your loved ones about the dangers of robo calls or phone scams. Impart on them the importance of being vigilant and suspicious of unsolicited phone calls. Ensure that before they hand over any personal and/or financial information to double check the source of the call with a trusted family member or loved one.
Most importantly, family and caretakers must know when it is time to take action and report identity theft. If you find out a person who has been in your care has been the victim of a phone scam, go to IdentityTheft.gov to report the scam and find out the next steps.
