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by admin_lauth | Nov 19, 2015 | Corporate Investigations, Tips & Facts
Most experienced professionals in upper-management and/or HR positions are required to conduct corporate investigations at some point during their careers. It’s just par for the course. Unfortunately, there are certain circumstances in which an internal investigation conducted by company employees may not be the best option. In these cases, hiring a professional is a better choice. Not sure when’s the right time to call in reinforcements? Here are a few guidelines.
First, assess the situation to determine whether it warrants a full-blown corporate investigation. A single instance of employee theft from the petty cash box is probably not impactful enough to allocate money and resources toward a thorough investigation. Theft on a much larger scale, however, such as that carried out through suspected embezzlement, is a different story.
Once you’ve determined whether an investigation is, indeed, necessary, the next step is figuring out whether your personnel is equipped to handle the process internally. Again, this will likely depend on the size and scope of the alleged misconduct. It will also depend on the experience of those tasked with conducting the inquest. If you’re a sizeable organization with a designated investigation team, chances are you’ll be fine on your own. If your company is smaller or if nobody on staff has direct experience with conducting a corporate investigation, it may make sense to bring in a professional.
Another deciding factor is the important topic of confidentiality. It can be extremely difficult to conduct a thorough investigation using internal employees without arousing suspicion. It can also be challenging to keep an open mind and proceed without any type of bias, which is critical to the success of any corporate investigation. This is why most organizations choose to enlist the help of an experienced third-party investigator who can go undercover, if necessary.
Finally, if you’re considering whether to hire a pro for your corporate investigation, remember that completing such a monumental task successfully also involves a lot of time. It could take weeks, months or even years to gather the evidence needed to build a case, and activities may include surveillance, background investigations, data mining and interviews and substantial documentation. Can you really afford to have one of your own employees dedicate this much effort to the cause?
Simply put, in most cases, conducting a corporate investigation is best left to those who do so for a living. The outcome will likely be better, and your company will save time, money and aggravation in the process. If you’re considering working with a pro, give the team at Lauth Investigations International, Inc. a call. We’ve got the experience necessary to help you get the results you need.
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by admin_lauth | Nov 12, 2015 | Corporate Investigations, Tips & Facts
Workers’ compensation is an insurance program that is designed to assist employees who become injured on the job or suffer a job-related illness. Unfortunately, not every claim that is filed is legitimate and the business is often the one that pays the price. In fact, more than 1 in 10 employers are concerned that a worker will fake an illness or injury in order to fraudulently collect workers’ comp benefits. Let’s take a closer look at the different types of workers’ comp fraud and what you can do to protect your company from becoming a victim.
Types of Workers’ Comp Fraud
False Claim – This occurs when an employee is never injured at all, but claims he or she was on the job in order to collect insurance payments. In some cases, a worker may actually go to the extent of injuring him or herself (usually by staging an accident) to bolster their claim.
Working While Collecting – Another costly form of workers’ comp fraud occurs when someone who may or may not be legitimately injured and is subsequently collecting benefits stating he or she is unable to work, but is actually working elsewhere at another job.
Exaggerated Claim – These are cases in which an employee legitimately sustained an injury, but is exaggerating its severity in order to extend the amount of time off and benefits he or she can collect.
Employer Fraud – In some cases, the business itself may be engaging in behavior that is classified as workers’ comp fraud. This is typically done through employee misclassification. In other words, a company will erroneously list a full time worker as a contractor to avoid having to pay higher premiums.
Not sure which, if any, of these types of workers’ comp fraud are occurring? Here are 10 warning signs to watch for.
How a Private Investigator Can Help
If a business suspects that one or more employees are engaging in workers’ comp fraud activities, it can be wise to enlist the help of an experienced private investigator. This professional can then do the following in order to identify areas of legitimate fraud and also build a case against the offender:
Gather evidence. This may include conducting surveillance of the employee in question and capturing evidence of dishonesty. For example, the investigator may take video or pictures of the offender working at another company on the side or engaging in physical activity that is not consistent with the supposed injury or illness.
Conduct background investigation. In many cases, a person who commits workers’ comp fraud has a long history of similar claims. A thorough background investigation can reveal patterns that may raise suspicion and concern and can also help build a stronger case against the offender.
Documentation. Once all of the necessary evidence is collected and a detailed background check has been performed, the final step in the workers’ comp fraud investigation will be compiling all the documentation needed to pursue the case.
Could workers’ comp fraud be costing your business money? Don’t take chances. Trust the experienced team at Lauth Investigations International, Inc. to handle your case swiftly and efficiently. We can help you get the evidence you need to mitigate your damages and avoid becoming a victim again in the future. Call us today to learn more.
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by admin_lauth | Nov 10, 2015 | Corporate Investigations, Tips & Facts
Despite your best efforts, complaints and internal issues will sometimes arise in the workplace. In these instances, a thorough investigation of the situation can vastly improve the chances of a favorable outcome for your company. For instance, the information you uncover can help build a case and/or protect your firm’s hard-earned reputation. If you’re dealing with a potential problem, such as employee theft, fraud or drug abuse, here are 7 steps to conducting a successful workplace investigation.
Identify areas of concern. Everyone in management should understand what the signs of potential problems are so they can notify the appropriate parties and action can be taken. For minor issues for which employees all agree that what occurred isn’t of significant concern, a full-blown workplace investigation may not be necessary. In most cases, however, it’s usually better to err on the side of caution.
Act swiftly. The moment a potential internal problem is identified, it should be addressed. Waiting to conduct a workplace investigation could cause further issues. For example, not properly looking into reports of potential employee drug use or theft could result in everything from a decrease in morale and higher turnover to loss of revenue.
Enlist the help of an experienced investigator. Unless your business employs an individual or team that is specifically dedicated to internal investigations, enlisting the help of a trained, experienced professional to conduct the workplace investigation may be the wisest choice.
Plan the investigation. Having a well-thought-out plan of action in place beforehand can do wonders for ensuring that a workplace investigation goes as smoothly as possible. Obviously you can’t plan for everything, but you should at least have a framework from which to work. If you’ve hired a private investigator, this will likely be part of his or her initial investigation process.
Gather and evaluate evidence. While your goal should always be achieving a resolution without the need to go to court, sometimes litigation is unavoidable. That’s why gathering adequate evidence is so important, whether it’s documentation, photographs or sworn statements. The more legwork you do to bolster your case, the better the outcome will likely be.
Document everything. Each step of a workplace investigation should be well-documented. This, in effect, will cover your business should any questions arise down the road, particularly if the case ends up in front of a judge. A strong case will have all the documentation needed to back it up.
Follow up. The actual follow-up needed after a workplace investigation is conducted will vary based on the situation, but it should always be a part of the overall process. For instance, in the case of employee drug abuse, follow-up should be done to ensure that the situation has been resolved and that other team members are satisfied with the outcome.
Do you need assistance with an internal workplace investigation? Give us a call and let’s discuss how one of our experienced private investigators can help.
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by admin_lauth | Oct 29, 2015 | Corporate Investigations, Tips & Facts
White collar crime happens every day in the US, and it costs corporations billions of dollars annually. As with most things, preventing these crimes from occurring is always preferable, but given the number of cases making the news on a weekly basis, that’s obviously not always possible. For those situations in which you either suspect a crime is being committed in the workplace or you’re already in the throes of a legal battle, an experienced private investigator can significantly improve the chances of a more favorable outcome. Here’s how.
Internal Investigations – A private investigator can help identify and weed out those working for the corporation who may be up to no good. In some cases, the investigator can openly conduct the investigation. In other instances, he or she can go undercover, posing as another employee to help gather intel and compose evidence.
Vetting Witnesses – Whether it’s identifying key witnesses to help support your case or poking holes in witnesses for the other party, a private investigator knows who to look for, what questions to ask and what type of research needs to be done to achieve the best possible outcome.
Conducting Interviews –A private investigator is quite often called upon by a corporate attorney for a number of reasons, one of which is conducting in-depth interviews with all the parties involved in the case. When handled properly, this can help you be prepared and avoid any unexpected surprises that may pop up during court proceedings.
Reviewing and Gathering Documents – A private investigator who is experienced in dealing with white collar criminal cases will know precisely what type of documentation is needed in order to strengthen and/or prove or disprove supposed facts about the case. The more detailed documentation you have ahead of time, the better your chances in mediation or court.
Differing Perspective and Insight – For most executives, dealing with a criminal investigation isn’t something they have to experience very often. Because of this, it can be valuable to partner with a private investigator who has worked on several such cases in his or her career. The first-hand experience and personal knowledge can help to set expectations and provide a different point of view.
Do you suspect that a crime may be occurring within your organization, such as embezzlement or insider trading? Are you in the process of building a case for court? Give us a call and let’s discuss how we may be able to help.
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by admin_lauth | Oct 27, 2015 | Corporate Investigations, Tips & Facts
No organization ever wants to have to deal with the messy details of commercial disputes, but despite our best efforts, these things happen. How you respond to such a situation can make a significant difference in the outcome. Should you find yourself dealing with a dispute, whether it’s over a simple misunderstanding or something more complicated, here are a few best practices for making the process go more smoothly.
A good offense is always the best defense. Whenever possible, the proper procedures should be implemented and adhered to in order to avoid commercial disputes altogether. For instance, always ensuring that agreements are in writing and contain clear and specific details can dramatically reduce the chances of a potential conflict down the road.
Have a plan in place. For instances in which commercial disputes cannot be avoided, it’s equally important to have a well-thought-out plan in place. This should include the appropriate steps to be taken the moment notice of a dispute is received. The sooner a situation like this can be resolved, the less significant the impact will be on your business.
Appoint someone to oversee the matter. Some organizations actually have an entire team that will come together to deal with incoming commercial disputes as they arise. If your firm is small or disputes are relatively rare, you may just want to have one point of contact who will be the go-to person for ensuring that the process is carried out as planned and in the timeliest manner possible.
Act fast. It may be tempting to ignore or put off commercial disputes in an attempt to avoid the hassle, but doing so could cause additional, unnecessary damages to your business. It’s always in your best interest to address and resolve these types of conflicts as quickly as possible. Otherwise, you’ll probably end up spending much more money and dealing with additional problems down the road.
Document accordingly. Be aware that you may be required by a judge to present any and all documentation relating to the situation at hand should the commercial dispute end up in court. This includes email correspondence, confidential documents and even personal notes. Keep this in mind so you can avoid documenting anything that may be considered negative, derogatory, embarrassing or otherwise detrimental to your business.
Hire a professional investigator. In addition to the documentation you may be required to present, the other party in the dispute will also have to deliver whatever is requested by the judge or legal representative. It can sometimes be helpful to retain the services of a professional private investigator who can dig up relevant information to help support your case against the other party. The investigator can also help you uncover precisely what happened internally so you can be adequately prepared to move forward.
Always use the appropriate verbiage. Attempting to work through commercial disputes outside of court is typically encouraged, but be careful about what you say and how you say it. For instance, most (but not all) communications between both parties should be documented with the words ‘without prejudice.’ The privilege this invokes allows you to explore the possibility of a compromise without the risk of prejudicing your case should you be unable to come to an agreement. You should consult with an attorney to determine precisely what terminology should be used and under what circumstances.
Do you need help sifting through the details of a commercial dispute? An experienced corporate investigator may be just the solution. Give us a call today and let’s discuss how we can help expedite the process and improve the chances of a positive outcome.
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by admin_lauth | Sep 9, 2015 | Corporate Investigations, Tips & Facts
Employee drug abuse in the workplace can lead to a wide variety of problems, many of which can affect your company’s bottom line. Whether the drug happens to be alcohol, prescription medication or illegal substances, and regardless of whether the use is occurring during working hours or on the employee’s personal time, the results can include:
- Decreased performance
- Increase in tardiness and absenteeism
- Lower productivity
- Higher employee turnover
- Increase in expenses associated with medical care and workers’ comp
- Increased risk of workplace violence
Not only do these things affect the employee in question and the company as a whole, but they can also have a negative impact on other employees, leading to a host of other problems. To avoid this, management and those in HR must be proactive and vigilant so potential issues can be addressed swiftly and effectively. If you suspect that one or more of your employees may be abusing drugs, here are 7 steps to get the situation under control.
Develop a Clear-Cut Policy – In order to legally take action against a worker who is abusing drugs or alcohol, you must first have a policy in place that addresses such situations. For optimum results, your employee drug abuse policy should include the ability to test in the event of reasonable suspicion. The policy should be in writing and all employees should sign off acknowledging their understanding and agreement. If you don’t have such a policy in place, consult with your legal counsel to ensure proper implementation.
Watch for Warning Signs – An employee who is abusing drugs or alcohol may not always be blatantly intoxicated. Therefore, it’s important to know what warning signs and red flags may indicate possible employee drug abuse so they can be identified and tracked. Some common things to watch for include sudden change in behavior, excessive tardiness or sick days, withdrawal from others (i.e. the sudden desire to work alone, away from co-workers and/or supervision).
Train Those in Charge – HR representatives may not be able to identify the signs of potential drug abuse right away because they aren’t in direct contact with workers in every department. That’s why front-line managers should be properly trained and advised of their role in spotting red flags as well as the appropriate steps for documenting and reporting such suspicions.
Keep a Detailed Record – Employment laws protect workers from being unjustly disciplined or terminated, so be sure to do your due diligence. Any and all cases of suspected employee drug abuse should be clearly documented. This will help you establish your case and protect you from any potential backlash.
Meet with a Witness – Once a case of suspected employee drug abuse has been properly observed and documented, the next step is meeting with the worker in question to discuss the suspicions and a proposed plan of action. A witness should always be present to keep detailed notes and provide a third-party account of what occurs. Go over your company policy and discuss the appropriate next steps.
Test (When Allowed) – It’s important to note that drug testing is a legal issue and therefore should always involve the advice and/or guidance of an appropriate legal representative. Provided that you have the authority to legally do so, follow through with drug testing, either at designated intervals or when a suspicion arises.
Take Action – Depending on the regulations in your area, as well as what’s set forth in your company policy, the appropriate action should be taken when suspected employee drug abuse occurs. This may be a warning, a suspension or termination of employment. Remember to always stay within your legal rights based on what the employment laws in your state allow. When in question, always consult with a legal professional.
Of course, some companies find it too tedious to follow up on suspected employee drug abuse. If you find yourself in this boat, enlisting the help of an experienced private investigator can help alleviate some of the burden and help you focus on what’s most important: protecting your other employees and your reputation. Give us a call and let’s discuss how we can help!
Most experienced professionals in upper-management and/or HR positions are required to conduct corporate investigations at some point during their careers. It’s just par for the course. Unfortunately, there are certain circumstances in which an internal investigation conducted by company employees may not be the best option. In these cases, hiring a professional is a better choice. Not sure when’s the right time to call in reinforcements? Here are a few guidelines.
