Over the past weekend, many Americans participated in St. Patrick’s Day festivities in their community. With the 17th of March falling on a Sunday this year, many service industry establishments held events and promotions all weekend, which for many employed individuals meant three days of imbibing and socializing. After all of the excitement and green beer, it’s no wonder that March 18th is one of the most common days for employees to call off in the entire calendar. Consequently, there is a spike in employees who are suddenly experiencing “flu-like” symptoms, including sweating, headaches, and stomach upset—employees who are calling in sick who could very well just be hung over. This is what employee malingering looks like, and it can have disastrous impact on businesses and corporations throughout the country.
Employee malingering can be a difficult subject, as it usually falls under the umbrella of other sensitive topics, such as FMLA abuse. Some companies do not feel comfortable investigating possible abuses of FMLA, and do not probe into suspicions of malingering. Often, however, sometimes it’s just a matter of an employee who has a chronic case of the “sniffles.” Malingering employees have a pattern of faking sick in order to get out of working. This can be for a single day Malingerers cost companies across the country billions of dollars a year, with exponential costs of investigation and possible litigation, laying heavy blows to a company’s profits.
Malingering is preventable, but only if an employer provides consistent and accommodating policies concerning their employees’ physical and mental health needs. These enforced policies will leave no single employee feeling victimized by a vindictive supervisor or employer. If your company requires employees to document visits to the doctor, then there should be no exceptions in to that rule, barring extenuating circumstances. After all, asking for documentation is one of the best ways to prevent malingering, because employees who would simply rather stay home will be reluctant to spend their day in the doctor’s office as an alternative. This consistent enforcement of company standards also adds another veneer of integrity that becomes valuable in later stages of any investigation. It’s also important for an employer to remember that there must always be room to accommodate an employee’s needs. Unreasonable, aggressive policies with regards to sickness can make a work environment unhealthy, both in the physical and metaphysical sense. Employees who don’t feel free to take a sick day when they have an actual illness can spread it to the entire workforce. Employees who also feel as though their needs are not being accommodated can be resentful and their work performance may suffer as a result.
Just as the case with FMLA abuse, in order to have an objective investigation into any honest suspicions of malingering, it’s crucial to retain the services of a external, third-party, private investigator. Investigators appointed from within a company to investigate suspicions of malingering may know the ins and outs of a business intimately, but are objectively useless when it comes to investigate one of their own. For starters, if this employee is well-known to much of the workforce, they will be easily spotted when conducting any surveillance on an employee who is suspected of malingering. They will be recognized and the employee will immediately be on their guard. If an internal investigator is not licensed by the state, they may not know the legality of their methods and it can taint the investigation going forward. Private investigators—while having more autonomy than law enforcement—still must operate within state and federal law. Private investigators are trained to gather and document evidence and interview witnesses to corroborate their observations of a malingering employee’s movements. Any business owner knows that investigating employees for any reason has the potential to lead to litigation, and during those proceedings, an objective, third-party investigator is the one with the most integrity during deposition or testimony, as they do not have a stake in the outcome of the case.
If you suspect an employee of yours is malingering, then lay the groundwork for a solid investigation by retaining the services of a qualified licensed investigators. When it comes to taking the steps to investigate employee malingering, an employer must begin with what’s called “honest suspicion,” which is pretty self-explanatory. When an employer investigates a malingerer with honest suspicions, the decision to hire an external investigator to do so continues the transparent narrative in which the employer acts in the best interest of the company. Hiring private investigators to maintain objectivity not only make for a quality investigation, but also foster a culture of integrity and mutual respect within any company.
The growing awareness of sexual abuse in the media has the public on high alert in all walks of life—a steady stream of investigations into allegations of sexual misconduct within religious communities, sport teams and franchises, civil service, and the workplace to name a few. It seems like every week the news cycle is dominated by another story in which a religious leader is denounced following allegations of sexual abuse against minor members of congregation. Investigations into United States Olympic teams have the parents of minor athletes with their ears to the ground, as the horror of Larry Nassar’s crimes continue to shake out in civil court. Leaders within these communities are educating themselves on how the power structure of these institutions leaves minors vulnerable and in many cases are depending on the services of independent private investigators to conduct unbiased, thorough investigations.
In cases where there are allegations of abuse, there is an immediate division between the survivor and the alleged predator. Many of the parties involved will immediately fall on one side or the other. Employers, colleagues, and public relations representatives in the alleged abuser’s life will begin a rash of character defenses, claiming that there’s no way an individual as friendly/respected/admired as them could be capable of such disgusting actions. Parents and loved ones in the survivor’s life will rally in support as they attempt to take on not just their abuser, but potentially an entire institution as well. All of the parties directly involved have a stake in the outcome of the investigation. Institutions that are suspicious of predatory behavior in their ranks often prefer to handle the investigation in-house, using their own investigators in the form of management, attorneys, or employees in another supervisory capacity to do the fact-finding. Not only can the qualifications of these individuals range across a spectrum of investigative prowess, but because they are employed by the employer of the abuser, they likely will have some sort of bias as an investigator. This is why it’s so important to hire an independent, third party private investigator from the onset of any allegations of abuse. Like any unimpeachable structure, the integrity starts at the foundation, with thorough fact-finding by an experienced, qualified investigator. Ethically, a private investigator’s only loyalty is to the truth, and without any stake in the outcome of an investigation, their findings can withstand a higher level of scrutiny than an investigator employed by the abuser’s corporation or institution.
The most qualified private investigators for sexual abuse investigations have a wide array of experiences in multiple areas of criminal justice. Unlike the resumes of corporation and institutional employees, they will have likely majored in an area of criminal justice, have worked law enforcement, have been retained by either the prosecution or defense to assist in a case, and have an intimate knowledge of criminal procedures and investigative methods. Independent private investigators have to be able to work multiple angles in an abuse investigation, vetting every statement by survivors and witnesses, as well as doing thorough fact-finding on the alleged abuser in the form of an extensive background check, with special focus on their work history and criminal record. This kind of comprehensive groundwork lays a strong foundation for any litigation that might take place following the solution of the investigation. And because the private investigator is an objective third-party, the case will have integrity in a court of law.
Another specialty of a seasoned private investigator is surveillance and undercover operations. An investigator who is able to move through a crowd completely unnoticed, melting into the background while they keep an eye on the subject. Sometimes it’s just a matter of looking like you belong, and surveilling the subject from a short distance, or keeping a digital eye on the subject in the form of a camera or tracking device. Regardless, subjects behave most naturally when they do not know they are being watched. Hiding in plain sight, private investigators are able to document an abuser’s movements, correspondence, associates, and schedule to establish means and opportunity with regard to the allegations. Private investigators specializing in undercover operations have an advantage when interviewing witnesses and subjects, building a rapport that allows them to open up to the investigator. This form of subterfuge is often crucial in abuse investigations, particularly if the allegations have not yet become public knowledge. This time is valuable to an undercover operative, because when there are abuse allegations in an institution, there is often a circumventing culture of silence within it. Employees and associates are instructed not to speak to press or law enforcement regarding the allegations, there has not been need for any sort of legal gag order, and these potential witnesses will have their guard down. Private investigators and their field investigators can garner credible leads, leading to a more comprehensive, thorough investigation.
There have been many institutions, particularly in the Catholic faith, that have been accused of what has been characterized as a “cup and ball” routine in which supervisory entities will transfer employees or members of clergy accused of sexual abuse to remote branches of their network, often in different jurisdictions, to prevent law enforcement and investigators from doing their due-diligence. Private investigators are given an autonomy that is free from bureaucratic or jurisdictional chains. They can follow leads to track down multiple witnesses and can track an abuser’s movements—all across state lines.
Regardless of an alleged abuser’s reputation or status, allegations of abuse must always be handled with due-diligence and a sense of urgency. Corporations and institutions have it only in their own interest to eliminate potential predators in their ranks. The cost to retain a private investigator to conduct a thorough, objective investigation is a small fraction of the potential cost to these entities in the form of lawsuits that result from an investigation, usually on the part of survivors who were vindicated in their accounts of trauma and betrayal on behalf of mentors and leaders in their lives. Retaining the services of a qualified private investigator can go a long way to bringing predators to justice and preventing potential ruin of institutions that otherwise provide a great service for individuals in communities across America.
Carie McMichael is the Communication and Media Specialist for Lauth Investigations International. For more information, please visit our website.
Divorce and child custody are polarizing topics in the United States. Divorce itself is an ugly business. Two people who stood in front of their friends and families and promised themselves to another now find themselves in a situation where the life they built together is over. Often it is a storm of heightened emotions, personal crises, mediation, negotiation, carping, and resentment. For many, children sit in the eye of the storm, helplessly witnessing the destruction of their family unit around them. As if this were not tumultuous enough, children often become silent pawns between two parents or caregivers who seek to hurt one another. When developing a strategy for navigating a custody situation, caregivers often do not consider the possibility of hiring a private investigator to help build a credible case for sole or partial custody.
Many couples who are on the brink of divorce, or already treading in the harsh current of proceedings, default to the advice of lawyers, the court system, and child services when it comes to issues of custody. There is a myriad of reasons for this, including a parent’s financial means, work schedule, health issues, and ignorance. What’s problematic about leaving issues of custody in the hands of lawyers and the courts is families in turmoil become files in a drawer. The decisions made on behalf of the legal system often rest on the review of a mountain of paperwork; courts relying on police reports, financial/asset summaries, psychological evaluations, et cetera. What’s on paper becomes the load bearing beam for any decision made regarding custody, because caregivers in conflict are both subject to scrutiny in their statements against the other.
Private investigators have a tool chest similar to that of law enforcement allowing them to document a subject’s movements, behavior, and treatment of their children—both prior to divorce proceedings and after. Members of law enforcement are often the most credible investigators in the eyes of the court. However, unless a criminal act is reported, such as domestic violence or child neglect, law enforcement has little to no involvement in custody cases. Parents without those tools at hand are left with little recourse. Any evidence they document themselves is subject to scrutiny by the courts and by opposing counsel as misrepresented, inaccurate, or downright false. In those cases, those parents trying to build a credible case against their co-parent or caregiver can be maligned as malicious by opposing counsel, and those details may prove to be to their detriment.
The number one advantage of hiring a private investigator to document a questionable parent’s behavior is their ability to move through any environment undetected. Despite the fact a study determined there was an excess of 78,000 private investigators employed in the United States alone in 2017, you’ll never see a good one in the field. Private investigators are trained to blend into the crowd and surveil inconspicuously in order to ensure the subject does not modify their behavior for the benefit of being watched. In addition to hiding in plain sight, part of maintaining success in their profession means staying up to date on the best available surveillance technology on the market in order to gather evidence for their cases. Things like cameras disguised as ink pens, or drones with quiet motors that will not be easily detected. Parents are on their very best behavior when in mediation or appearing before a judge, but private investigators can completely upset the current state of a custody case with evidence they uncover in the field. They can document things like abuse and neglect through photographs, video, audio recordings, witness testimony, and the same examination of vital documents that would be performed by the courts. Their training has equipped them to be on the lookout for things like substance dependency, such as alcoholism, drug addiction, or gambling problems. They can also document the opposing caregiver’s living conditions, whether or not the child is clean and well-fed, and their emotional wellness while in the care of said person. What makes a private investigator a particularly valuable asset is they are an objective third-party. Even if they have in fact been paid by one party in a custody case, misrepresentation of facts on their part may mollify their client in the moment, but will ultimately hurt their integrity with future business. Due to this, private investigators can become unimpeachable witnesses to behavior they’ve seen on the part of the opposing side that would damage the child’s well-being.
Private investigators can take on child custody cases at many different levels, all of which can be beneficial to the parent who wishes to establish a case against another parent or caregiver who they perceive to have questionable integrity. As with any investigation, the sooner the process of documenting and gathering evidence starts, the stronger a foundation the parent will have when they present their case before a judge. Parents who are considering divorcing a co-parent or caregiver and intend to establish a pattern of unfitness should consult a private investigator right away. The subject is more likely to proceed as they would normally prior to news that their partner is taking them to court. While the subject may not suspect they are being legally surveilled during a divorce proceeding, they are aware of the fact that—at a minimum—their behavior and actions during that time will be taken under consideration by the courts. The time to start collecting evidence is before divorce papers are drawn up and served.
However, it’s no mystery circumstances may not allow for this. Events prompting divorce proceedings may be very sudden, allowing no time for a hyper-covert investigation on behalf of the client. Parents who are in abusive relationships may not have access to the financial resources for this kind of initiative. As such, many private investigators enter the case when divorce is already a reality and custody proceedings are in full swing. One of the major criticisms of the court system in custody cases is children are often defaulted to the custody of their mothers, leaving fit fathers or other caregivers with few options. In one such example, an investigator from Indianapolis, IN was hired to investigate the parental fitness of a mother fighting her ex-husband and his parents for custody of their eight-year-old daughter. The child was shuttled back and forth between her mother and father’s respective homes for a few months while family court proceedings moved at a glacial pace. The father became increasingly concerned about his daughter while she was in her mother’s custody, and hired a private investigator to find answers. The investigator uncovered the mother’s place of residence on the record was dilapidated, dirty, and not at all a suitable environment for a child. Additionally, the investigator found the mother’s new husband had a criminal record, regularly used drugs, and had questionable judgement when it came to things like social media interaction and encounters with law enforcement. This led to the father retaining full custody of his daughter, with the mother being allowed only supervised visits. This investigative strategy is a two-way street, meaning that a parent who has been falsely accused of abuse or neglect in order to limit access to their child can hire a private investigator to disprove these claims, document the proper living conditions for the child in question, and secure evidence of malicious intent on behalf of the caregiver making false allegations.
Children should never be used as chess pawns in a messy divorce. Ultimately, any child custody investigation should be about the child’s safety and well-being—not about which parent is righteous in their indignation. A private investigator’s expertise, testimony, and lack of bias can shine a crisp, contextual light on the muddied waters of a child custody case.
Private investigators can be an attorney’s best friend. Juggling multiple cases for different clients is time consuming and can make giving adequate attention to every client’s needs challenging. Here are everyday scenarios when private investigators can make an attorney’s job easier.
Cases can be won and lost based on which side has more witnesses show up to court. Subpoenas are a great way to compel people to be present for court, but what good is a subpoena if you can’t find the person to serve it to?
Don’t let a search for witnesses become a distraction from your work and a headache for your client. Tracking people down is a private investigator’s bread and butter. Not only can P.I.s locate known witnesses, they can also canvas an area and do interviews to find more witnesses to strengthen your case.
Research and expertise
Attorneys need to do ample research to be as prepared as possible every time they walk into a court room. They must know and understand as much about every case as possible. It’s not always enough to know the facts of a case and you may need to bring in a third party to act as an expert witness. Investigators can help you find the right experts quickly so you don’t waste your client’s time and money on the wrong people.
Private investigators spend a lot of time doing research. They can efficiently scour databases and identify applicable information to aid your client’s case. Outsourcing research to P.I.s can reduce the costs incurred by your clients too. Attorney fees can stack up quickly and clients will appreciate saving money where they can.
Preparing for Cross-Examination
Testimony is one of the most powerful tools in any lawyer’s tool box. Putting someone on the stand to give their personal account is powerful and can sway judges and jurors in a heartbeat. Knowing what to expect from the other sides witnesses, as well your own, can give you the edge during any hearing. Attorneys should never put someone on the stand without carefully considering the strengths and weaknesses of the individual and their testimony.
Private investigators can help evaluate the strengths and weaknesses of your clients and identify potential areas of their testimony that the other side will try to exploit. Private investigators are experienced in court room scenarios and can even assist in mock examinations to better prepare your clients.
Help Enforce Judgments
Winning a case is every attorney’s goal, but getting a judgement in your favor is only half the battle. What can you do if the losing side decides not to obey the judge’s order? What if they attempt to misrepresent their assets and net worth?
Hiring a private investigator to locate and identify assets before a judgement is passed down can help you know what you can get for your client. Knowing what the opposing side has ahead of time will prevent them from hiding assets and denying your client their just dues. It will also make it easier for the judge to understand what you’re seeking and why.
For Private Investigation Inquiry contact Thomas Lauth, Lauth Investigations 317-951-1100
David Schroeder, Blog Writer, Lauth Investigations International
The individual could be a witness, heir, a missing child, or a criminal. Maybe the individual is a former disgruntled employee who could whistle-blow about corporate misconduct or fraud. You might needing locate a subject in possession of the proverbial “smoking gun”—as in the case of stolen assets. Whether it’s an interview, serving papers, or investigate individuals, a Lauth PI can help you to identify and locate the subject.
2. We Locate Assets
Lauth Investigators are skilled at locating assets such as real estate, unclaimed property, and other valuable property like: artwork, antiques, collectibles, motor vehicles, aircraft, vessels, etc. A Lauth investigator can also help attorneys to identify the location both domestic and offshore bank accounts.
3. We Can Leverage for Negotiations
A Lauth Investigator can pull together key sources and intelligence to inform your side during litigation, in an M&A deal, during an internal investigation, or any other adversarial situation. It can make the difference between a favorable settlement and an unfavorable one.
4. We Can Help Attorneys Enforce Judgments
Obviously, a judgment is only useful if you are able to enforce it. A Lauth Investigator can help attorneys to identify current assets and uncover efforts to hide or misrepresent them through the transfer to family members, friends or other parties.
5. We Can Connect the Dots
Lauth Investigators can help you to know who is actually sitting on the other side of the table during litigation or a potential business deal. You can gain immeasurable negotiation power by identifying who is actually behind a faceless corporation or tying together undisclosed connections.
6. We Can Generate A Historical Reconstruction/Timeline
A historical reconstruction may be helpful in a number of different areas. Perhaps you need to review the history of a family to locate heirs. It could be a corporate history or a chain of title issue in a real estate matter. Whatever the issue, a Lauth Investigator can help to identify and piece together long lost documents, facts and witnesses.
Aaron Snyder — Research Investigator and Blog Writer — Lauth Investigations International