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.
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!
Copyright infringement can be one of the most detrimental infractions a business can fall victim to. Regardless of the size or industry of the organization, locating violators and holding them accountable is something that must be done to protect the integrity and hard work of the company. As experienced private investigators, we’ve assisted with countless copyright infringement investigations over the years. Here’s what the process typically involves.
First, we closely evaluate the situation at hand to determine whether the actions in question did, in fact, violate copyright law. This is where having many years of experience comes in handy. Next, we’ll determine to what degree or percentage the copyrighted content was infringed upon. This helps us to figure out what type of action can and should be taken by the business.
Once we’ve identified the scope of the copyright infringement, the next step is investigating to determine exactly who the violators are. This isn’t always easy, especially when the problem occurred many years ago and is just now being discovered. It can also be challenging to track down potential perpetrators online, where anonymity can cause roadblocks. Finding out who committed the crime can be a complicated process, which is why it’s best left to seasoned experts.
When the parties in question have been successfully identified, the next step is gathering evidence and determining damages. This is where legal assistance may be wise, particularly when the copyright infringement is considered to be significant (i.e. the violators have been or still are profiting from the use of the copyrighted material). If you don’t have adequate legal representation, we can help point you in the right direction.
With evidence in hand, the alleged violators will then be notified of the situation as well as the proposed remedies. An attorney can advise you on what kind of damages you’re entitled to pursue, based on the significance of the copyright infringement and how much evidence the investigation has resulted in. In some cases, a simple letter from your legal representative can be enough to achieve a settlement. In others, the situation may need to be brought before a judge.
Of course, like everything else, each case of copyright infringement is unique. If you need assistance gathering the evidence you need to pursue your rights, Lauth Investigations International, Inc. can help. Give us a call today to learn more.
One of the most critical things private investigators do is collect and compile pertinent information to help bolster a legal case. Whether it’s to provide evidence of insurance fraud in a corporate investigation case or gather the proof needed to tip the scales in a child custody situation, the records filed in court can mean the difference between a nail-biter and a slam-dunk case. That said, there are certain things one should understand about court records before proceeding, including how to leverage them to help bolster your investigation. Let’s take a look.
They’re accessible to anyone. Unlike many other means that private investigators use to check the background of a subject, court records do not require any special permission to access them. They are public record and available to anyone who requests access.
They contain factual and reliable information.In most cases, court records contain information that is obtained under oath, including depositions, sworn statements, allegations, affidavits and proceedings. Because these documents are taken under oath, the info contained within is considered to be reliable and accurate, which makes them incredibly valuable to private investigators.
There are two different types of court records – state and federal. Each typically handles its own categories of offenses. For example, state court hears civil cases, such as divorce, child custody and small claims. Federal court handles higher-level scenarios, such as immigration, social security and any federal law that’s been violated.
Having all possible names is important. If you’re looking for information about a particular person in court records, the more identifying data you have, the better your chances. For instance, many people have nicknames and some have used aliases throughout their lives. Experienced private investigators know how to dig up these details when performing research.
Different types of cases will include different information. Court records for civil cases will typically only contain the name of the parties involved. Other identifying data, such as date of birth and social security number will usually not be included. This can pose a challenge for situations in which the party in question has a common name. Federal cases contain more details.
Searching multiple databases can provide better results.The problem with many court records is that they were completed and filed by humans, which means mistakes could have been made in the process. This is why private investigators cross-check multiple sources to help identify errors, omissions and other incorrect information and hone in on what’s accurate.
Going directly to the court house is the most effective option.While the internet has made searching court documents and other legal databases much easier, the only way to access actual court records is to visit the court in person.
When it comes to finding information and making a case stronger, court records can provide the ammunition needed. Understanding what these filings mean as well as how to best search and access them can make pulling the information you’re after much easier and more efficient. Of course, nothing replaces the services of skilled, seasoned private investigators. If you need assistance with anything from a basic background check to a detailed personal or corporate investigation, Lauth Investigations International, Inc. can help. Give us a call today at 800-889-3463to discuss your specific needs.
Few situations in life are more emotionally charged as the thought of one’s spouse being unfaithful. In many cases, hiring a private investigator can help to uncover the truth so the next steps can be taken, whether they lead to divorce or reconciliation. Let’s explore some of the benefits working with a professional can have.
Learning the truth. While finding out for sure that your spouse is cheating may hurt, knowing the truth once and for all can help you begin the healing process. When all you have are suspicions it can seriously interfere with your life and emotional well-being.
Gathering evidence. If your motivation for catching your cheating spouse include leverage in a divorce proceeding or custody battle, hiring a professional private investigator can help you gather the evidence you need to strengthen your case.
Knowledge of what to look for. Unless you’ve got experience conducting surveillance and investigations, chances are you don’t know exactly what you need to be looking for to build a solid case of infidelity. A private investigator can help by honing in on key activities and signs that indicate guilt, making for a much faster and more accurate resolution.
Admissible documentation. Experienced private investigators understand the complicated laws surrounding privacy, which means the evidence and documentation they compile is more likely to be admissible in court than what one may gather on his or her own.
Lack of emotional involvement. While it may seem tempting to catch your cheating spouse in the act, such an emotionally charged situation can lead to unpleasant consequences. Hiring an outside party can remove this personal factor which will ensure a more straightforward and solid case.
It should be noted that in some cases it may be wise to consult with an attorney prior to hiring a private investigator, particularly in situations where a divorce settlement or custody of children are involved. If you’d like to discuss your particular suspicions and learn whether hiring a PI would be a good option, give us a call.
4 Reasons to Hire a Private Investigator During Your Divorce
Without question, divorce can be one of the most difficult and emotional experience in life. Not only does it mark the end of a marriage, but it can become incredibly complicated, which can lead to a long, drawn out and painful process. Enlisting the services of an experienced private investigator can sometimes make the process move a little more quickly. Here’s how.
Locate Hidden Assets – One of the biggest points of contention couples face when going through a divorce is that of mistrust over assets. If one spouse is deliberately hiding money and other assets in an attempt to avoid their proper distribution during the settlement it can cause huge delays in the process. A private investigator who specializes in divorce cases can help make sure any and all assets are accounted for.
Uncover Infidelity – While many states offer no-fault divorce, some will still grant a more favorable settlement in the case of infidelity. Unfortunately, proving such a thing can be quite challenging. With the help of a seasoned private investigator, however, you may be able to uncover all the evidence you need to tilt the courts in your favor.
Custody Battles – Under the best of circumstances, both parents should enjoy equal opportunity to have a relationship with their children following divorce. Unfortunately, we don’t live in a perfect world and many situations are unhealthy for children. If you’re concerned that your soon-to-be ex or former spouse is placing your kids at risk, a private eye can help gather the necessary proof to back up your claim in court.
Child Support/Alimony – Regardless of which side of the coin you’re on, determining what amount of child support and/or alimony is fair can be a huge point of contention. If you feel you’re paying too much based on misinformation provided by your former spouse, or you believe your ex is withholding information that would lead to a higher payout, a private investigator can help sort things out and ensure that everyone is operating on the up-and-up.
Going through a divorce is difficult no matter what the circumstances. Having a skilled, experienced private investigator in your corner can make a challenging situation a little bit easier to navigate. If you have questions or would like to learn more about how we may be able to help you get a favorable settlement in your divorce, contact us today.
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.
