Legislation relating to codes of conduct and constructive discharge aims to protect workers and companies alike from those with bad intentions. However, when any individual—on either side of the equation—finds themselves in hot water relating to these nuanced aspects of business operation, the path forwards can be difficult to identify.
With that in mind, today we’re going to touch on questions such as obligations in relation to codes of conduct and answer the question, what is constructive discharge? We’ll also explore why a corporate investigations form can serve as a white night for those in need of guidance in these areas.
Codes of Conduct Obligations
Certain kinds of businesses and certainly all public companies are legally mandated to have codes of conduct in place. However, even those that are not obliged should consider this a powerful tool of self-protection with many associated rewards. The job of codes of conduct is to lay out the values, mission, and principles that the organization aspires to and relates them to the contractual commitments that each employee makes when entering the company.
Well-written codes of conduct not only define desired behavior, but also serve as a powerful marketing tool—a public statement of intent. Finally, their mere presence is a form of risk mitigation, demonstrating a “good faith effort” to prevent illegal activity on the company’s watch and setting clear boundaries that those with nefarious intentions must actively decide to cross.
What Is Constructive Discharge?
Constructive discharge is the term used to describe when an employee resigns because their employee created a hostile work environment. Because the decision was forced rather than voluntary, it is seen in the eyes of the law as a termination, and as such, a wrongful termination claim can be brought after the fact.
Whether navigating action following an alleged breach of codes of conduct or a constructive dismissal, it can be important for each party to demonstrate their prior intentions. For example, an employer countering a claim of constructive dismissal may be able to demonstrate that the employee didn’t raise the alarm or provide the opportunity for the company to rectify the problem. Equally, an employee may be able to demonstrate that they asked for support but weren’t given any. Only in demonstrating that their employer acted on an illegal impulse or with discriminatory motives will their claim be successful.
Do you need assistance in navigating a matter relating to codes of conduct or constructive dismissal? If so, the corporate investigations team here at Lauth Investigations International is ready to provide critical support. If you require expert guidance and access to a seasoned investigator who can help you build a clear-cut case, we are only a phone call away. Get in touch today for a no-obligation consultation.
When someone dies under unexplained or unexpected circumstances, families can feel fraught with anger and frustration. How could such a thing have happened? When will those responsible be brought to account? While patience may feel like a resource that is impossible to muster at this difficult time, the work of the death investigator is critical to the conviction of the guilty and the protection of the innocent. For true justice to be served, the truth must be brought to light.
With that in mind, today we are going to look at what the death investigation process involves—because understanding what is happening and why can take some of that distinctly painful bite out of the process. If you are facing such a challenging reality as you read this, hopefully our guide will provide at least a little vital peace of mind.
How a Death Investigator Serves the Bereaved
All too often, when someone dies, the circumstances surrounding the tragedy remain unpleasantly murky. Was it an unfortunate workplace accident or a dreadful case of negligence? What it a wrongful death or a homicide? An accidental overdose or a suicide? These harrowing questions can have dramatic implications for survivors, ranging from whether criminal proceedings might follow to whether a much-needed life insurance policy will pay out.
It is the role of the death investigator to reveal critical facts so that every question mark can be eliminated. At various stages of the the death investigation process, this mantle may be carried by a coroner or medical examiner, a law enforcement officer or agent, or a private investigator tasked with following clues that would otherwise be left to go cold.
It is important to know that, no matter the conclusions drawn as the investigatory process unfolds, there are always options available to continue pursuit of the truth. The first step, however, is to allow the coroner or medical examiner to do their work—so what exactly does that entail.
The First Stages of the Death Investigation Process
When somebody dies in a way that is unexplained, unexpected, violent, or due to an potentially infectious disease or pathogen, the very first action taken is to investigate the death scene, and this responsibility falls primarily upon the local coroner’s or medical examiner’s office.
A coroner or medical examiner will make an assessment as to whether police should be involved—if they aren’t already—and will document the scene, taking photographs and gathering evidence. They may also be the ones who track down next of kin to inform them of what has happened. Once this stage of the investigation reaches the appropriate point, they will arrange the removal of the body.
If it is considered pertinent, the coroner or medical examiner will conduct an examination of the body and potentially also order a post-mortem. A certified forensic pathologist will conduct the post-mortem exam, and may send samples to a lab for analysis in order to reveal more about the cause of death.
Once the coroner or medical examiner is ready to draw a conclusion on the manner of death, they will issue a death certificate. From there, if foul play is suspected, police or federal investigators will continue to investigate circumstances surrounding the death in order to build a case for prosecution and bring potential perpetrators to justice.
As the Death Investigation Process Progresses
If no crime is detected and nothing about the death warrants further investigative intervention by the state, the case of your loved one will be officially closed. If the police investigation evolves into a homicide, negligence, or wrongful death investigation, resources will be applied based on the scope and nature of the crime—hopefully moving towards resolution and the desperately needed answers that survivors are bound to be waiting for.
Unfortunately, at times, those left behind after a death are left feeling underserved by the authorities, dissatisfied with a coroner’s conclusion, or infuriated when the police seem to move onto other cases. If this is your reality, an independent death investigator from a private investigations firm can be the best candidate to pick up pursuit of the facts and right any wrongs that may have occurred along the way.
When investigating a death of any kind, a private investigator from Lauth Investigations International will comb through every piece of information available and roll out every resource in their toolkit to bring to light what others have missed. National licensure means that we can hunt through information databases on a par with those used by law enforcement—gaining insights that would never be available to survivors seeking answers alone.
By reexamining witnesses, analyzing evidence afresh, and pursuing new physical and digital leads, we can continue to fight for justice on your behalf, whether other avenues are exhausted or ongoing. If your loved one’s case remains open with the police, a private investigator can enter into collaboration with the authorities, bringing fresh eyes and enthusiasm to the search. So, if you require assistance with a death investigation, don’t hesitate to reach out. Our dedicated team are waiting for your call and can give no-commitment guidance on your options. Get in contact today to learn more about how we can help.
It’s everyone’s worst nightmare: a knock on the door and news that someone close to you has died. You discover that the coroner’s office has been called into action—what does that mean? Across the United States, when a death is sudden, violent, accidental, medically unattended, or simply unexplained, a medical examiner or coroner’s office will be tasked with investigating the death to uncover its true cause. If a personal homicide is suspected, law enforcement will also launch their criminal investigation.
As this early evolution unfolds, survivors of a homicide can feel lost at sea—but there are anchors to be found. Today, we are going to look at the role of the coroner’s office in determining personal homicides and what options remain for family and friends after the coroner’s ruling has been given. Hopefully, this information will help you find calm waters in a moment of need.
Death Investigations and Determining Homicides
Roughly 20% of the 2.4 million deaths in the US each year are investigated by coroners and medical examiners. This means that their presence doesn’t necessarily indicate that a homicide has occurred, but when a homicide is suspected or confirmed, their presence is guaranteed. Alongside determining the manner of death and medical reason or cause, the coroner’s office will often also take on other duties such as notifying the next of kin of the deceased.
To determine the facts of the case, the coroner’s office will investigate the scene, gathering and documenting evidence and taking photographs, before arranging the removal of the body. An external examination will take place, and if deemed necessary, an autopsy will be performed by a forensic pathologist. Bodily tissues or liquids may be sent to a laboratory for toxicology or histology analysis.
Once all factors have been assessed, a coroner’s ruling will be made on the basis of their findings. In all but open-and-closed cases of homicide, the investigative process will only just be beginning. However, the coroner’s office will certify the manner of death in a death certificate that will then be made available to the family. Their role in the case will usually be closed within 14-21 days, although when toxicology results are required or microscopic examination undertaken, the process may take longer.
What Survivors Can Do Following the Coroner’s Ruling
If the coroner concludes a personal homicide, law enforcement agencies will take the case from there. However, what happens if those left behind feel unsatisfied with the coroner’s ruling, or even with the way that the police are pursuing the case? At these times, a private investigator seasoned in personal homicide investigations can be enlisted to dig deeper into the facts, find answers faster, or rediscover leads that have been allowed to grow cold.
For anyone bereaved under the circumstance of homicide—whether suspected or known—unanswered questions can become a heavy weight to carry. Unlike the coroner’s office, a medical examiner, or a police investigator, whose loyalty is to the state and the letter of the law, a private investigator’s role is to serve their client in uncovering all and any relevant truths so that loved ones can finally lay their concerns to rest.
Private investigators from Lauth International Investigations work closely with the families of victims in order to deliver the facts that they often so desperately seek. We draw on more than 30 years experience in solving missing person cases, collaborating with law enforcement, and bringing criminals to justice. Each of our unsolved homicide investigators is armed with a skillset that facilitates evidence gathering, geosocial surveillance, licence-permitted database access, crime scene analysis, witness reexamination, digital forensics, and much more. We will draw upon every resource in our toolkit to reveal the realities of your loved one’s death so that you can pursue necessary justice and claim personal closure. To learn more about how a private investigator can assist in a potential or confirmed personal homicide case—whether long-after or even before the coroner’s ruling is issued—connect with our dedicated team today. No commitment is required on your part, and we are ready to advise on how we can assist.
There are a broad range of personal investigations that might warrant the assistance of a skilled private investigator. From missing persons through to private thefts or even cheating spouses, suspicions lead trusted PIs to head out into the field every day to discreetly and diligently gather the facts.
Whatever the nature of the private investigations called for, two things are certain. The first is that the chosen investigator should be selected on the basis of their credentials. The second is that there isn’t a moment to lose. Time is of the essence, so let’s explore exactly what you need to know in order to kick-start a process that will lead to results.
Don’t Wait to take Action
Whether there’s a threat made to your person or property, or you suspect wrongdoing has already taken place, the sooner you set personal investigations in motion, the less likely it will be that vital clues or witnesses vanish and physical or digital trails go cold.
Happily, a reputable and recommended private investigations firm will be happy to provide commitment-free insight into things like whether action should be taken immediately and if you should contact law enforcement. As experts in navigating the full-spectrum of issues that private persons may be faced with, they will be able to highlight the best possible course, before guiding you on things like evidence preservation and contingency steps.
Choosing the Right Private Investigator
A solid recommendation from someone you know you can trust is a great place to start when selecting your collaborator, but don’t hesitate to confirm the credentials of any private investigations firm that you aim to contract. They should be able to demonstrate their track records and confirm their licencing without hesitation.
Opting for a large, long established firm is also a safer strategy than hiring a solo PI or a firm that seems to have appeared out of nowhere. Beyond anything else, the critical licensure of your investigatory team will be what grants them access to the same databases used by law enforcement, so this is not an area in which to cut corners.
A Reputable Private Investigator Will Guide You Every Step of the Way
During your initial personal investigations consultation, the contracting PI will walk you through gathering all of the background information they need to get started and developing a working plan of attack. From there, they will be able to begin conducting any necessary surveillance or covert operations, gathering documented evidence and things like CCTV footage, conducting interviews, and building a body of data that will allow you to take action accordingly.
Once a conclusion has been drawn in your private investigations, you will be able to decide what remedial actions are necessary. At this juncture, a seasoned private investigator will be able to liaise with your legal council, respective authorities, and law enforcement on your behalf. They can also advise on how you can mitigate similar threats in the future.
Ultimately, the expertise of a reputable private investigator is a high-caliber resource that can be harnessed to protect your best interests in a diversity of different ways. If you’d like to learn more about how the Personal and Private Client Services provided by Lauth Investigations International, we are always happy to advise. With more than 30 years experience and more than 10,000 cases solved and solutions found, we have just the expertise you need for total peace of mind. Get in touch today.
Strong practices for internal investigations offer vital security both for and within any organization. Employees can feel confident that they will be fully supported if they need a corporate investigator in their corner, and the company itself can deftly tread paths that might otherwise be legally perilous.
That all sounds great—certainly—but where should a business turn to when aiming to establish those best practices in the first place? Today, we’re going to dive into the vital considerations when building a workplace investigations strategy that will serve you well today and in the years to come. Read on, and wrap your mind around all the major need-to-knows.
The Vital Nature of Neutrality
Whether seeking simply to consult on internal investigations or aiming to place a delicate matter in the hands of a seasoned corporate investigator, the importance of neutrality can’t be overstated. If choosing who will lead an internal investigation or contacting someone from central HR within your company for advice, it is critical to assess whether their contribution can be truly viewed as impartial.
If there are personal connections to those being investigated, witnesses, or victims in the case of workplace harassment or discrimination, this may become a lead weight around the neck of the investigation if it ever leads to litigation. Neutral oversight is essential of the investigation is to be considered airtight, so if in doubt, reach out to an external corporate investigations specialist for necessary support as a legal safeguard.
Seeking Out the Right Skillset
A misstep in internal investigations can leave a company open to accusations of retaliation and the potential of an unfair dismissal lawsuit. This means that advice taken when planning your investigatory tactics should come from those truly in the know, and crucially, be rooted in more than mere opinion. An appropriate consulting advisor or corporate investigator will be able to fully grasp workplace policies and frame them within the context of applicable laws and legal obligations. Don’t forget that they may also require the skills to audit financials conduct computer forensics.
The Availability to Take Action
Launching internal investigations without someone at the helm who can handle the complexity and sensitivity of the complaint at hand is a dangerous move, but so too is waiting for a senior HR professional to have time in their schedule to take on the task. Delays in launching internal investigations can lead to leaks to the press and even occupational health and safety complaints. When a matter is serious in nature, bringing in a corporate investigator who can take action immediately is the only logical choice.
Prioritizing Appropriate Seniority
When a workplace complaint is made against a senior individual within the team, the prospect of impartial internal investigations becomes slim at best. It is a a simple reality that it’s highly unlikely someone unconnected to that individual, with no vested interest in the outcome, and within a position that is superior to those under investigation can be called upon. In contrast, an external corporate investigator will be unaffected by the high rank of the parties under investigation and will be able to lend neutral authority to the conclusions drawn.
Do you need expert guidance for workplace investigations or a corporate investigator ready to jump on the task at hand? Call upon the dedicated corporate team at Lauth Investigations International. We will safeguard your organization’s integrity while getting to the truth of the matter. Reach out to our team today and learn more about how we can assist.
The principle function of an insurance investigation is to verify all facts within a claim that is believed to be false or inflated. In addition to diligent fact-finding and comprehensive cross-referencing, insurance investigations also require a fierce independence and objectivity in pursuit of the unvarnished truth. The investigator for the job must not only have diverse experience in insurance claims, but must also be a third-party with no stake in the outcome of the investigation. As insurance claims continue to be on the rise the demand for these third-party insurance investigators will only continue to grow.
The most recent study from Global Insurance Investigations Market by AMA Research has predicted an uptick in insurance investigations between now and 2027. The market study included millions of datapoints, proving to be a comprehensive tool for industry experts and professionals as they attempt to understand the market trends forming of late. However, the question becomes how will the industry will be able to handle the influx of complex insurance investigations without over-taxing their internal resources and operations?
Third-party insurance investigators are always a safe bet when investigating allegedly inflated or fraudulent cases. They have no allegiance to either the insurance company or the claimant, so their findings will stand up to a higher degree of scrutiny in court. If the findings are challenged in a civil court by the claimant, it will be harder to impeach the findings by claiming some sort of bias in the investigation. Third-party insurance investigators, like private investigators are also autonomous in their work, and can operate without the red tape of internal hierarchy or bureaucracy, meaning investigations can move more swiftly as evidence is gathered, processed, and cross-referenced. Their autonomy means they can go where the case takes them in an expedient manner—they can speak to witnesses and gather evidence that may have otherwise been lost while internal boxes were being checked. At the end, not only will there be comprehensive reports to review by the insurance provider, but there is also an independent witness who can speak to the findings first hand, if necessary.
If your firm is having difficulty fielding the influx of insurance fraud investigations, consider the services of Lauth Investigations International to supplement your investigation needs. We carry a glowing A+ rating with the Better Business Bureau, and regularly receive glowing testimonials on our accuracy and professionalism from grateful clients. If you want to learn more, you can call 317-951-1100 for a free quote on how we can help you with insurance investigations, or visit us online at www.lauthinveststg.wpengine.com.
