The United States government has been shut down for almost four weeks, sending shockwaves throughout a nation already gripped by tumultuous politics and controversial issues. In addition to institutions like the National Parks System, and the National Institute of Health, all federal employees have currently been laid off from duty, and a majority of their services suspended. The ripple effect is dizzying, with many of the governments services being on hold for the duration of the shutdown. Many consumers across the country are not aware of the shutdown’s impact on some of our nation’s best departments, so you can imagine their shock when they phoned to report a consumer complaint, and were told the government couldn’t help them.
When running normally, the government requires a wealth of quality communication to run smoothly. As many federal employees remain on furlough, therefore not being compensated, everyone’s level of communication with one another is atypical and—as many federal employees are called in without pay—constantly breaking down. The Consumer Financial Protection Bureau (CFPB) is the federal agency that fields the influx of consumer complaints. A consumer submits their complaint about a business or financial entity to the CFPB, which is reviewed. According to the CFPB, after the complaint is reviewed, “We’ll forward your complaint and any documents you provide to the company and work to get a response from them. If we find that another government agency would be better able to assist, we will forward your complaint to them and let you know.” The CFPB remains in operation and was not effected by the shutdown, but if the agency is ill-equipped to deal with the complaint, they may never get off the ground, as the appropriate department might be effected by the shutdown. This leaves many consumers displaced when it comes to voicing their concerns about products and services.
This suspension of protection services has allowed the beast of robo-calls to fester and become feral, as consumers cannot block or report harassing robo-calls. They’re left screaming into the void. Alex Quilici, the chief executive of YouMail—a smartphone application that helps consumers block robo-calls—describes it, “It’s a neighborhood with no police on the beat.” YouMail estimated, just last month, there were 5 billion robo-calls made, and 50% of calls made in early 2019 could be coming from scammers and robots attempting to fraudulently obtain your information. These horrifying statistics are the codas for a chorus of federal employees who are aware of the scope of the problem, like Jessica Rosenworcel, the Federal Communications Commission Commissioner, “The number of robo-calls consumers are receiving is insane. The problem just keeps growing. Shutting down the government is not going to help.” As of this moment, there is no one to administrate the “Do Not Call” list, the national registry in which consumers can ask specific companies not to contact them.
The Federal Communications Commission is just one of many threads woven into the Federal Trade Commission. Another voiceless victim of the shutdown is the victim of identity fraud. Louette Duvall is one of these victims. Not long after the holidays were over, Duvall’s car was pilfered by thieves while she was at her job. They made off with her purse, her briefcase, and a wealth of identifying information that amounted to a scammer’s treasure trove. Fraudulent charges started rolling in as she scrambled to alert all of her creditors and financial institutions that she had been robbed. She began calculating the full scope of the theft’s ramifications: New checkbooks ordered, extravagant items ordered in her name, new credit cards, the list goes on and on. When she called the Federal Trade Commission to let them know her identity had been stolen, she was told they could not help her due to the government shutdown. FTC data prior to the shutdown stated that the agency received thousands of calls a day regarding identity theft alone. That’s thousands of crimes going uninvestigated every day, a Washington Post reporter pointed out when they became a victim as well. Not only are new crimes going unreported, but investigative resources are also frozen. The Consumer Sentinel Network helps investigators track the movement of identity theft and related frauds to build cases against the perpetrators, and it remains down as of day 26 of the longest government shutdown in history. At a minimum, the FTC is still allowing individuals to file complaints so that they be issued an affidavit for their creditors’ purposes.
News coverage of the shutdown has attempted to sharpen the big picture for Americans when it comes to the ripple effect of the government shutdown. While many federal agencies might be unable to assist consumers with complaints, there is recourse for consumers experiencing the myriad of issues helmed by the Federal Trade Commission. There are online, step-by-step resources for obtaining documentation to dispute fraudulent charges and claims. Consumers can also retain the services of a private investigator. One of the most beneficial aspects of hiring a private investigator is that they are the top of the chain of command in their firm. They are the ones calling the shots in any investigation, not a supervisor nor a superior. They will represent your interests and your interests alone. As is the case with many frauds and thefts, perpetrators tend to either operate remotely, or move quickly to evade law enforcement. Acting independently, private investigators will be able to move as fluidly as a scammer, crossing jurisdictional boundaries with little to no red tape. Statistics surrounding fraud indicate that many federal investigators in charge of tracking down scammers and thieves are inundated with a never-ending stream of complaints. This means their attention can be divided over and over again across a heavy caseload. A typical private investigator only handles between 3-4 cases at a time, meaning your case can be a priority for them and not just another file in a drawer.
Political pundits and talking heads don’t project a sunny forecast when it comes to the shutdown—no end in sight. As the shutdown enters its 27th day, many Americans who have been the victims of consumer fraud and identity theft who do not yet know the full scope of the shutdown’s impact will receive an ugly surprise when they turn to the federal government for help. While the government gets its house in order, know that there are options for victims of consumer and identity fraud. Consult a private investigator today to learn how their specific skill set, experience, and independence can help you get right the ship when it comes to fraud.
Using a CNC to protect your business means the peace of mind that your trade secrets are safe.
If you own your own business, you know finding the right people to build your company is vital. One “weak link in the chain,” as they say, can tear a business down to its foundation. And as such, it’s not only important to hire the right people, but also protect your business from being exploited in the event a former employee might expose trade secrets. If it is your business’ practice to require a signature of an employee on a covenant not to compete, you should consider having a private investigator on retainer in order to vet any suspicions of non-compete violations.
Often referred to as a non-compete clause, a covenant not to compete or CNC is designed to protect an employer’s business against future competition or theft of trade secrets by a former employee. In essence, the CNC prevents a former employee, terminated or otherwise, from using a business’ trade secrets to either work for or start a rival business. Violators of CNC have an intimate knowledge of a particular business and can use that information to destroy it. In addition to exploiting the successes of a company by using the same strategies, a violator uses their knowledge to exploit the weaknesses of a company. They know where the vulnerable spots are in their business model, and violators can correct this process in the rival business, as well as, target their former employer in advertisements.
These legal contracts have a history going back as far as the 15th century, when English common law refused to enforce the Renaissance-era CNCs on the grounds they would place too many restrictions on trade. There have been many arguments made CNCs also interfere with America’s capitalist economy, placing restraints on the free-market standards in the United States. There are only a few states in the union completely prohibiting the use of non-competes, including California, Montana, North Dakota, and Oklahoma. One of the industries where CNCs are most common is the media. Most media-conglomerates force employees to sign CNCs at the time of hire to prevent them from sharing delicate information about media markets upon leaving their position. Another common industry is finance, especially Wall Street, where a person can literally be indicted for knowing too much, having been charged with insider-trading. Many might remember reading about CNCs back in 2005, when Microsoft and Google took a former employee, Kai-Fu Lee, to task by enforcing his CNC after leaving the company. CNCs are everywhere, and as such, businesses would be wise to employ external investigators to get the hard facts on CNC violations.
As was the case with FMLA fraud violations within a company, having an external investigator—like a PI—on retainer, will allow the company to protect itself in the event they believe a former employee has violated their CNC. The fallout from CNC violations can be ugly, with former employees insisting, not only did they not violate their CNC, but also they are being persecuted by their former employer. A private investigator is a third-party, which means they are well within their means to be objective. A private investigator’s loyalty is to the truth, as such, you can rely on cold-hard facts to bolster a case against a CNC violator. This objectivity comes in handy during litigation when enforcing a CNC.
The former employee cannot claim their employer is biased in their fact-finding, because they did not conduct the investigation. While a business can sue a former employee for violation of a CNC, it is not a criminal matter, so a business cannot ask law enforcement to investigate. Luckily, private investigators often have a resume bearing similar experience to law enforcement, as well as ,a very similar set of tools to find answers. They can locate witnesses, witness statements, videotapes, photographs, and acquire documents to build a prima facia case against a CNC violator. Whatever the circumstances, having an objective external investigator on retainer will provide businesses with the assurance they have conducted all necessary steps to safeguard their company.
FMLA fraud can devastate a company, but companies should protect the integrity of their investigations to protect themselves.
The Family and Medical Leave Act (FMLA) provides working families balance to their lives when their circumstances take a turn. Whether it’s caring for new life in the household—such as a newborn or a foster child—or to care for an ailing relative, the 1993 act protects employees from being terminated from their jobs when they must take an extended absence for a specific set of reasons. However, abuses of FMLA are extremely common in the American workforce. While suspicions of FMLA abuse should be taken seriously by employers, companies must conduct thorough and unbiased investigations before terminating any employees. Businesses who do not follow protocol can open themselves up to expensive litigation.
In addition to protecting employees from termination during an extended leave, FMLA also requires their various insurance coverage remain in effect. This protection can be guaranteed for up to 12 weeks. According to the Department of Labor:
FMLA is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons. It also seeks to accommodate the legitimate interests of employers and promote equal employment opportunity for men and women.
FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for any of the following reasons:
the birth and care of the newborn child of an employee;
placement with the employee of a child for adoption or foster care;
to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
medical leave when the employee is unable to work because of a serious health condition.
The use of FMLA within these guidelines (with some exceptions) is designed to protect hard-working men and women from losing their jobs when their family suddenly requires their attention. Life can change so fast, and employees can rest easy knowing their jobs will be waiting for them when they are able to return in top-performing condition.
According to Charlie Plumb, an attorney who represents clients in all phases of management, abuse of this protection should be investigated, provided the employer has an “honest suspicion.” He goes on to say, “This honest suspicion standard is really intended to protect the employer against a claim they are interfering against FMLA leave and/or being retaliatory.”
A familiar scenario is one where an employee has been granted leave under FMLA for a serious illness or injury. The employer then happens to see posts from the employee on social media having fun out with friends, exercising, or driving. The employer might think, “If they’re well enough to do these things, they must be well enough to work.” While this might sound like an open and shut case from the employer’s point of view, Allen Smith of The Society of Human Resources Management, provides an example where this philosophy proved problematic:
“Joan Casciari, an attorney with Seyfarth Shaw in Chicago, said she handled a case that involved an employee who was put on FMLA leave for depression. The employer later discovered, through surveillance, she was doing Christmas shopping with her family and having a wonderful time. But her doctor confirmed “retail therapy” was consistent with her condition and the fact she could shop did not mean she did not require FMLA leave.”
Luckily for the employer in this anecdote, they did their due diligence and consulted a medical professional who could corroborate the circumstances of her FMLA qualifications. Some employers are far hastier. When employers do not conduct comprehensive and objective investigations into suspicious FMLA claims, they can open themselves up to lawsuits that can be devastatingly expensive and a public relations nightmare.
Vigilance of adherence to the guidelines of FMLA becomes manageable when Human Resource directors keep an eye out for certain patterns of behavior, such as absence patterns, especially when they coincide with non-work events (holidays or something personal that they may have mentioned in the past). Employers should also be suspicious of absences directly contradicting any medical certification in frequency or duration.
Once an employer has a reasonable suspicion of FMLA abuse, they should most certainly investigate. However, internal investigations into these kinds of abuses can be very messy for Human Resources and upper management. The aforementioned scenario involving “retail therapy” could have been a disaster if the company had not done their due diligence. Some employers are not so diligent.
Another scenario involving a maintenance worker at a nursing home and rehabilitation center panned out much differently. The employee in question noticed his superior was exhibiting a pattern of absence he found suspicious. He began reviewing surveillance footage to compare to his own personal log of her comings and goings in order to prove she was abusing company time. After discovering the independent investigation, the superior served a series of performance adjustments to the employee before terminating him. The termination came after the employee had submitted an FMLA request. The court found the dates of his termination tied in too closely with his request for FMLA, allowing the employee to take the case to trial.
Scenarios like these are why Human Resources and management should 1) be vigilant of FMLA abuse, and 2) conduct a thorough and unbiased investigation in order to ensure the company is protected from litigation. Many companies choose to handle investigations internally in order to minimize the amount of exposure. However, internal investigations spearheaded by current members of staff, will not only disrupt daily operations, but can also have negative effects like the case of the nursing home. The employee conducting his own investigation may have had honest suspicions of his superior’s misconduct, but he was certainly not a unbiased source to investigate.
Private investigators are probative routes often overlooked when a company has an internal investigation. There are many circumstances under which companies do not want to give up control over an internal investigation, and a private investigator is the definition of a third-party. However, the objectivity of a private investigator is the number one reason why companies should consider them as an option. The personal biases of the persons involved in the previous examples caused the investigation to go south. As an independent contractor, a private investigator’s only loyalty is to the truth. They are vital to ensuring an investigation is a transparent expedition for the truth. This goes a long way towards protecting a business from subsequent lawsuits or bad press.
When handling an investigation internally, employers are limited to what surveillance they can attain from their own equipment or social media. Private investigators are licensed to track individuals and photograph their activity in public. Persons who fraudulently claim to be out for injury can be photographed doing tasks directly contradicting their FMLA claim, like yardwork or lifting heavy groceries. In addition to tracking their public movements, private investigators may also conduct undercover operations in order to investigate any frauds. They are invaluable in this regard as they are not known to those within the company. Whether you’re looking for an FMLA weekender or an FMLA moonlighter, if someone has made a fraudulent FMLA claim, a private investigator is the most-equipped professional to prove or disprove the suspicion.
This suspension of protection services has allowed the beast of robo-calls to fester and become feral, as consumers cannot block or report harassing robo-calls. They’re left screaming into the void. Alex Quilici, the chief executive of YouMail—a smartphone application that helps consumers block robo-calls—describes it, “It’s a neighborhood with no police on the beat.” YouMail estimated, just last month, there were 5 billion robo-calls made, and 50% of calls made in early 2019 could be coming from scammers and robots attempting to fraudulently obtain your information. These horrifying statistics are the codas for a chorus of federal employees who are aware of the scope of the problem, like Jessica Rosenworcel, the Federal Communications Commission Commissioner, “The number of robo-calls consumers are receiving is insane. The problem just keeps growing. Shutting down the government is not going to help.” As of this moment, there is no one to administrate the “Do Not Call” list, the national registry in which consumers can ask specific companies not to contact them. 
