Corporate Investigations Move to Telecommunications
During COVID-19 Outbreak
COVID-19, or “the corona virus” has already had an
unprecedented effect on the world’s economy in the 21st century.
Millions across the globe are currently practicing self-quarantine or
“social-distancing”, while many workplaces are shutting down in order to
prevent the spread of the virus. While many struggle during this time of social
isolation, internal investigations in corporations and organizations are
experiencing major disruption as well. Corporate investigators can continue to
expect unique challenges with internal investigations, and will have to rely on
telecommunications in order to continue their due-diligence.
Any seasoned investigator will tell you that one of the
greatest challenges with internal investigations is developing rapport with the
human sources in the case. This is usually achieved by face-to-face
interaction, bringing down the witness’ guard, and evaluating everything from
their facial expressions to their body language. With everyone working from
home (or not at all), internal investigators have lost access to face-to-face contact
with those human sources and witnesses. Investigators have transitioned to
conducting crucial interviews over the phone, which may not have as many
drawbacks as you think.
Internal investigations can already by tricky without the benefit of seeing the other person’s face or actions. We’re often told that a person’s actions—not their words—are a good indicator of honest or dishonest accounts of any type of incident. Are they blinking too much, or not enough? Are they touching their face? Are they inexplicably breaking out in sweat or becoming flushed? These are all clues private investigators and corporate investigators consider when determining the veracity of a witness’ story. But can you find the truth from only hearing a person’s voice?
Studies indicate that human beings actually can tell a lot more from a person’s voice than their body language when it comes to gauging their level of honesty. Michael Johnson, a former U.S. Department of Justice attorney and CEO of Clear Law Institute, stated “While there are some non-verbal cues to lying, most people don’t know what those are, and sometimes they are the opposite of what you think.” Conducting corporate investigations over the phone doesn’t mean investigators still can’t garner helpful information. Without the distraction of visual stimuli, investigators are able to take detailed notes about a person’s story—the timeline, the verbiage, the tone. Investigators are able to detect inconsistencies in the witness’ story and ask follow-up questions for further context that can benefit the investigation. An interview over the phone also removes any personal biases that an investigator can potentially develop from seeing someone in person with regards to their physical appearance, such as sex, race, and class. The investigator is forced to rely on the information, and is less vulnerable to deception on the part of the witness.
In uncertain times, it feels as though COVID-19 has brought
the entire world to a halt. That’s why investigators must lean into one of
their greatest skills, which is flexibility. Quarantine doesn’t mean that
investigators have to stop their investigations, but they must instead adapt
their existing skillset to ensure that the wheels of progress will continue to
turn—even in crisis.
Just after lunch last Wednesday, violence erupted in
Milwaukee, WI at the famous Molson Coors factory, when an employee walked in with
a loaded firearm and began shooting, leaving 5 victims and the shooter
deceased. The violence is another in a string of shootings in the workplace that
has corporate leadership wondering what their role is in limiting these acts of
violence.
The victims in the Milwaukee Molson Coors shooting were identified as Jesus Valle Jr., 33; Gennady Levshetz, 61; Trevor Wetselaar, 33; Dana Walk, 57; and Dale Hudson, 60. The shooter, electrician Anthony N. Ferrill, 51, is deceased as well. Those victims, Ferrill’s coworkers, are remembered by the dozens of friends and family they left behind, as well as a community rocked by violence. Molson Coors chief executive Gavin Hattersley said in a news conference, “They were husbands, they were fathers, and they were friends. They were a part of the fabric of our company and our community, and we will miss them terribly.”
While many acts of violence in the workplace are perpetrated
by former employees, Anthony Ferrill was a current employee of Molson Coors.
Ferrill worked in the building’s utilities department. While authorities have
not established a clear motive for the shooting, according to the
Milwaukee Journal Sentinel, Ferrill had a history of dispute with his coworkers
that many have speculated finally came to a head in the events leading up to last
week’s shooting. The dispute may have had racial overtones, with Ferrill
accusing other employees of discriminating against him in the workplace. He had
suspicions that other employees were trespassing at his home, bugging his
electronic devices, and disturbing his property. With the exception of one man,
Ferrill had previous confrontations with all the victims, yet police have
declined to comment on how the shooting occurred.
When shocking incidents of violence like this occur in the workplace,
it’s not uncommon to hear from leadership in the organization that they are ‘shocked,’
or ‘astonished’ at the events that have taken place, or that the violence was
perpetrated by a member of their organization. The reality is that active
shooter events and other forms of violence in the workplace can usually be
anticipated and prevented if leadership is not asleep at the wheel.
Most workplace crises, from violence to theft, can be traced
back to faulty internal operations. That’s why so many corporations are seeking
to have their daily operations evaluated by independent investigators and risk
assessment firms. These investigators come into your business and begin examining
hiring processes, onboarding materials, employee engagement, and the turnover
rate in an attempt to identify the problems that cause frustration within the organization.
In the unfortunate example of Molsen Coors, there was obviously room for more
supervision with regards to intra-employee conflict. If the alleged
intra-employee conflict had been given more attention, it might not have ended
in violence.
Corporate Culture Audit investigators can provide leadership with the insight they need to improve their daily operations. Investigators can review hiring protocol, identifying risk factors and lack of oversight. They can review security systems, both in cyberspace, and at brick-and-mortar locations to identify weaknesses that would leave the company vulnerable to attack. These are measures that could have prevented the violence that broke out at Molson Coors, and they can protect your company, too.
If your corporation or organization needs a corporate
culture audit, call Lauth Investigations International today for a free quote
on our corporate culture audit program. Our program is built to fit businesses
of any size and is customizable to fit you investigative needs. Call
317-951-1100 or visit us online at www.lauthinveststg.wpengine.com
John Stumpf has been slapped with the largest fine ever levied against a single individual in litigative history.
The Office of the Comptroller of the Currency, a division of
the Treasury Department in the United States, has finally stuck a blow against
one of the most reckless financial institutions in the nation, Wells Fargo. This
federal department has linked a former chief executive of Wells Fargo with compulsion
on the part of leadership to encourage Wells Fargo employees to set up
fraudulent accounts that would hold extracted fees from customers.
John Stumpf, the former executive in question, has been
slapped with a monumental fine totaling approximately $17.5 million. The extent
of the misconduct was so severe, that the OCC also banned Stumpf from the
banking industry for the rest of his life. He was not alone—a former head of
banking at Wells Fargo, Carrie Tolstedt is also facing a fine of $25 million.
The Office of the Comptroller of Currency has also issued a
notice which argues that Wells Fargo has engaged in toxic business practices
over the last ten years, compelling employees to exhibit “serious misconduct”
in order to meet “intentionally unreasonable sales goals.” The notice went on
to say that the corporation operated within an environment of malignant
leadership, indicated by “…an atmosphere that perpetuated improper illegal conduct.”
Wells Fargo’s head of corporate investigations testified
before the Office of the Comptroller of Currency, informing them that there was
hypervigilance on part of leadership with regards to sales quotas, but
lethargic oversight with regards to illegal sales practices. It was apparent to
the corporate investigator that leadership was indifferent to how
employees met sales quotas, as long as those quotas were consistently met.
Lower-level employees were made accomplices—single cogs in a large clockwork
corporate fraud.
As the saying goes, “the fish stinks from the head,” and the litigative implications of these proceedings have indicated Wells Fargo reeks of poor corporate culture. Regardless of whether or not it is healthy, corporate culture moves in a cycle, with cause-and-effect factors that can often be traced back to leadership. Not only should leadership be an example for the entire corporation, but their interpersonal conduct within the workplace directly effects their employees’ engagement and productivity. Executives who impose unreasonable or unattainable goals on their employees are setting them up for failure, absolving themselves from responsibility when goals are not met. This leads to a toxic, high-pressure work environment where employees don’t just feel unsupported, but also devalued in the eyes of their employer. Employee engagement goes down, and consequently, so does productivity. This frustrates leadership, which then reacts by tightening their grip, beginning the cycle anew. If your corporation experiences persistent problems with leadership misconduct, it’s definitely time for a corporate culture audit. Corporate culture audits are like checkups for your business. Independent investigators come into your business and evaluate all operations—communication, record-keeping, hiring processes, and employee engagement. They identify the cause of these malignant symptoms and provide the corporation with expert recommendations that will ultimately propel their organization forward. If your corporation needs a corporate culture audit, call Lauth Investigations International today at 317-951-1100 to get a free quote, or contact us online at www.lauthinveststg.wpengine.com
The National Law Relations Board reverses controversial position on internal investigations.
Employers across the country have operated in a sea of gray area when it comes to confidentiality among employees regarding internal investigations. The question remained whether or not employers were able to require employees to keep internal investigations internal while they were in full swing. Prior to the new year, the National Labor Relations Board (NLRB) finally answered that question.
Previously, the National Labor Relations Board (NLRB) had
taken a position that employers could not require employees to keep ongoing
internal investigations confidential because it generally violated labor law. Section
7 of the National Labor Relations Act guarantees employees “the right to
self-organization, to form, join, or assist labor organizations, to bargain
collectively through representatives of their own choosing.” Universal
requirement of confidentiality could potentially interfere with that law.
Confidentiality in internal investigations was instead dealt with on a
case-by-case basis, with no precedent for blanket confidentiality. This topic
has been in review by the NLRB since May of 2019, but it was only recently that
the board announced that they had reversed their position.
By their very nature, internal investigations are already a big headache for many employers. Further compounding these frustrations is the ideation that no internal investigation can generate meaningful results unless the integrity of the internal investigation is maintained by all employees of the corporation or organization. This new standard of approval by the National Labor Relations Board is a categorical win for employers. The win comes down to one word—duration. In articulating their decision, the majority wrote,
“There are obvious mutual interests to be served by encouraging and allowing employees to report wrongdoing without fear of reprisal from the subject of the investigation. Among other considerations, such reporting promotes the goals of the antidiscrimination statutes by helping employers eradicate workplace discrimination and deal with it promptly and effectively when it occurs.”
This articulation is indirectly evocative of the cycle of
corporate culture, a process by which cause and effect on the parts of both
leadership and employees in pursuit of improved operations leads to a healthy
corporate culture for the entire workforce.
While there are concerns that the future of this reversal
may affect an employee’s ability to organize, the projection of this reversal
is very good news for internal investigations. In any investigation, the
control of information is critical to finding solutions to the corporate
crisis, allowing investigators to use tried-and-true methodology to get to the
root of the problem. With the NLRB finally taking a position that allows
employers to require confidentiality, the integrity of those internal
investigations can now be maintained from the onset, leading to clearer
solutions for the pervasive issues that malign corporations and organizations.
Corporations that have seen a decline in their corporate culture are turning to internal investigation and risk assessment firms for help in 2020. The discourse around corporate culture has evolved significantly over the last few years, with employees voicing their desire for work-life balance and how corporate culture directly impacts their decision to stay with a company. Leadership is better-educating themselves on how their actions feed into the cycle of corporate culture, and how they can improve employee retention by making meaningful changes that grease the wheels of success in their business or organization. However, many corporations have their anxieties about conducting internal investigations in a fishbowl—where employees are able to see the methodology in motion—and how this will impact their workforce and their business.
Corporations can find themselves open to scrutiny from both
their employees and their customer-base when they announce an impending
internal investigation. Some corporations, for a myriad of reasons, opt to have
internal investigations under a cloak of classification in order to protect the
integrity of the investigation—however, in the interest of transparency, many
corporations opt for a visible investigation, warning employees, shareholders,
customers, or all of the above, of an impending internal investigation. This
means that the investigating bodies will be under a microscope of scrutiny
within the corporation, as their methodology, decorum, and their practices will
a source of debate around the proverbial watercooler.
Regardless of who is contracted to conduct the internal
investigation, or under what level of declassification, if there is visibility
of an investigation, there is a delicate balance of transparency and
professionalism needed in pursuit of the truth. One of the most difficult tasks
an internal investigator has at the inception of the investigation is
establishing a rapport with relevant parties, such as leadership and the
workforce in order to garner frankness from persons who will be crucial to the
fact-finding process.
Investigators must establish credibility with the client and
relevant subjects in the case. This means ensuring those individuals are aware
that the investigator shares their values and is only interested in identifying
problems to improve the business—not damage it—indicating a high level of
accountability that will have a ripple effect throughout the corporation or
organization.
In tandem with establishing credibility, investigators must
be straightforward about their objectives, outlining what the client hopes to
achieve and their proposed methods of reaching that goal. Investigators must
never make promises they cannot keep by making declarations before they know
the facts. Corporate investigators must always pursue a resolution to a
business’s problem that does not impair their long-term goals—by the same
token, it is imperative that the investigator informs the client that there
might be some negative consequences as the result of their findings, such as
turnover, further inquiries, or bad publicity.
Objectivity is key in any internal investigation. It’s one of the reasons some companies elect to have a private investigator or risk assessment firm conduct their investigation, as opposed to an in-house investigator or member of house counsel. No employee with a stake in the outcome of the investigation, even indirectly, may be 100% objective in identifying pervasive issues in an organization. In addition to that objectivity, an independent investigator—unknown to the corporation or organization—investigators can move through a workplace undetected. This will take the edge off of the “fishbowl” factor that is common with internal corporate investigations. Private investigators can adopt a persona and conduct their investigations without the eyes of concerned coworkers; interviewing employees, collecting evidence, evaluating the location, and reviewing internal communications can all be conducted in plain sight.
Internal corporate investigations with a “fishbowl” factor can be an inherent challenge for corporations. Above all, it’s important to remember that employees are your greatest asset, as they feed into a cycle of corporate culture that can successfully stimulate your business or organization. An appropriate level of trust and care must always be taken when subjecting your workforce to an internal investigation. When employees feel valued, they will become empowered and engaged to give their best to the benefit of your organization.
