Is it possible that the productivity and morale of your team suffering at the hands of toxic employee cliques? An uncomfortable workplace atmosphere or a downturn in performance might not lead you to think first of toxic employees. You might question the competency of your leadership or your own business strategy first, but a negative evolution within corporate culture can have a surprisingly erosive impact—often going unnoticed until substantial damage has been done.
At a most basic level, the formation of toxic employee cliques inevitably leads to a loss of profits, stalling workplace momentum, operational issues, and a rise in staff turnover. At the more insidious end of the scale, toxic culture can culminate in discrimination or workplace harassment complaints, and all of the potential legal and reputational complications that can follow.
Of course, every organization wants to see its employees get along. Strong working relationships can foster fantastic morale and cohesion when those bonds are healthy. So, how can employers tell the difference? Here, we will examine some of the tell-tale signs that a toxic employee clique may be impacting your business, and how professional workplace investigations can help you transform corporate culture for the better.
Negative Narratives Become Currency in the Workplace
While feedback is a vital progression tool within any company, a constant negative undertone is a strong indicator that toxic employees may be steering the dominant narrative within a workplace. That chronic negativity may manifest as gossip, backstabbing, or rumor spreading, or it may appear in more passive-aggressive forms—such as body language, sarcastic tones, disrespecting boundaries, cynicism, victimhood, and undermining others.
While team members of course need to vent on occasion, holding workplace narratives within a negative frame leaves no oxygen in the room for motivation, objective seeking, or innovative thinking. Toxicity tends to nourish itself, relegating the needs of others and of the company itself to the wayside.
A Tight-Knit Group Shows Signs of Ostracizing Others
Those who are embraced by a toxic employee clique may not notice the need for alarm bells immediately. However, for those left on the outside, the impact of a workplace clique’s presence will be felt immediately. Those excluded will begin to feel undervalued, dissatisfied, and demotivated. Meanwhile, the root cause of lost productivity and a dropping bottom line can remain elusive for those who don’t know the warning signs. While workplace friendships can be immensely valuable, they should never come at a cost to colleagues’ well-being, or company success.
Toxic Employee Clique Behavior Slides Into Bullying
While some forms of bullying are obvious, workplace bullying can be surprisingly hard to spot—especially when toxic employees resort to covert or manipulative behavior. While hostility to colleagues can take place within the workplace, cyberbullying can become pervasive before management even notice a blip on the radar. When toxic employee cliques demand conformity, both those within and outside of the group can start to avoid creative thinking, out of fear or reprisal. This waste of professional talent means less innovation within your business, and less work satisfaction for your employees.
Toxic Employee Cliques Thrive When Left Unaddressed
Failing to call out toxic employee behavior inevitably validates and emboldens the clique mindset, while further disempowering those outside of that unhealthy inner circle. Valuable and committed employees may well seek a better work environment elsewhere, while new recruits will be vulnerable to getting sucked into quickly-entrenched patterns of damaging behavior. As the performance of others begins to suffer, those within a toxic clique may respond competitively, showcasing their comparative strength and actively sabotaging co-workers.
Tacking Toxic Employee Cliques Head On
Many leaders and company owners don’t consider the value of corporate investigations until a major incident occurs. However, conducting a thorough investigation at the first point of suspicion—or even as a maintenance strategy—can allow organizations to nip toxic behavior in the bud before it begins to spread. Tactics such as breaking up cliques by asking employees to take on projects in different groups, or reworking—and re-training—codes of online and in-office conduct can be effective. However, it is essential to understand the scale of the problem in order to resolve it effectively. The impartial assistance of an expert investigator can be invaluable in revealing an honest picture of the current corporate culture within your organization. Learn more about the Corporate Culture Audits and Corporate Investigations offered by Lauth Investigations. Not only will we help you uncover the true state of play, but we will aid you in drawing a road map towards the type of workplace culture that will allow all of your employees to shine.
When corporations make the investment to evaluate their corporate culture, it’s important that they choose a vendor who offers a comprehensive audit program. With the rise of the #MeToo movement, the Equal Opportunity Commission (EEOC) saw an overall increase of 13.6% of sexual harassment filings in 2018. That’s not counting other filings for discrimination based on age, race, and sexual orientation. This has placed corporations on high alert as the nation’s capitalist climate gears up for change in their workplaces. This means that when leadership opts for a corporate culture audit, it’s important that their money is well-spent, and one of the best moves to make is hiring private investigators to handle the audit.
Many corporate culture audits are performed by independent risk assessment firms, which is to be expected. Risk assessment firms specialize in identifying the weak points in a business from their workforce background to their brick and mortar security. However, if leadership is going to invest in improving their corporate culture, it’s important that they pick a program that offers comprehensive services. While risk assessment firms might employ highly capable auditors capable of identifying security oversight or performing background checks, every business is different, and it’s important that the program selected fit every business true-to-form. That’s where a private investigator can be an invaluable asset.
Private investigators as a profession have a lurid
reputation for following philandering spouses and people suspected of worker’s
compensation fraud. The same tool chest that allows them to perform those
services is the same one that makes them ideal candidates to perform corporate
culture audits. Private investigators have an eye for detail, diligent drive,
and a meticulous ability to evaluate and make recommendations based on what
they’ve observed. These are the types of professionals you want when it comes
to assessing the culture of your business or organization.
Independent risk assessment firms are just as excellent in
identifying the risk factors that put a business or organization at risk, such
as vulnerabilities in their securities, faulty hiring processes, and at-risk
employees based on their history—but what about the human element within a
corporate culture audit? Corporate culture audits are so much more than
comparing documents and surveying brick-and-mortar locations. It’s also about
understanding how current employees function in a workplace ecosystem. Private
investigators, with a wealth of experience in evaluating human behavior and
emotions, can be the boots-on-the-ground investigators who can speak with
current employees and collect data on their impressions of the current work
environment and how the culture can be improved. Some of the questions private
investigators may address include, but are not limited to:
Is
everyone in the company invested in the same things?
What
are the valued differences between your corporation and the competition?
What
are the key measures of success within your company?
What
is the functionality of the leadership in place versus the leadership required
for success?
What
are the environmental factors that are contributing to the decline in culture?
What
is the history of your company’s culture from its foundation?
What
are the subcultures that have formed in your organization and what is their
role within the company?
By answering these questions and calculating the human responses, private investigators can provide executive leadership with recommendations based on more than what exists on paper; for example, the last item on that list regarding the identification of subcultures. Private investigators do not only look at the behavior of individual employees, but also how those employees relate to each other. In workspaces where there are employees of 10 or more, it is hyper-common for subcultures (or groups) to form. This happens when individual employees gravitate towards one another as a result of their shared interests, goals, or gripes. Their comradery can either contribute to the cycle of corporate culture, or undermine it. When a subculture forms because the employees all have similar degrees of dissatisfaction with their job (regardless of the reason), their validation of one another in solidarity can be a cancer within the organization. This is why it’s imperative to hire corporate culture auditors who have a high level of understanding of human behavior—they can provide a comprehensive picture of how their current employees are contributing to the cycle of corporate culture.
While
private investigators may not be able to dismantle subcultures, they can change
the conversation within those subcultures. Groups of employees who bond over
poor treatment from a supervisor or frustration with current internal processes
will have to find other things to talk about once these issues are addressed
and remedied appropriately. This is one of the ways that we improve the cycle
of corporate culture. When employees see pervasive issues being addressed by
leadership, they are inherently more engaged in the process, which can increase
the quality of communication, the level of productivity, and the overall health
of the workplace. Private investigators are some of the best professionals to perform
these audits ultimately because they have a grasp of human behavior that allows
them to accurately pinpoint the issues and make recommendations to leadership.
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.
The United States government has been shut down for almost four weeks, sending shockwaves throughout a nation already gripped by tumultuous politics and controversial issues. In addition to institutions like the National Parks System, and the National Institute of Health, all federal employees have currently been laid off from duty, and a majority of their services suspended. The ripple effect is dizzying, with many of the governments services being on hold for the duration of the shutdown. Many consumers across the country are not aware of the shutdown’s impact on some of our nation’s best departments, so you can imagine their shock when they phoned to report a consumer complaint, and were told the government couldn’t help them.
When running normally, the government requires a wealth of quality communication to run smoothly. As many federal employees remain on furlough, therefore not being compensated, everyone’s level of communication with one another is atypical and—as many federal employees are called in without pay—constantly breaking down. The Consumer Financial Protection Bureau (CFPB) is the federal agency that fields the influx of consumer complaints. A consumer submits their complaint about a business or financial entity to the CFPB, which is reviewed. According to the CFPB, after the complaint is reviewed, “We’ll forward your complaint and any documents you provide to the company and work to get a response from them. If we find that another government agency would be better able to assist, we will forward your complaint to them and let you know.” The CFPB remains in operation and was not effected by the shutdown, but if the agency is ill-equipped to deal with the complaint, they may never get off the ground, as the appropriate department might be effected by the shutdown. This leaves many consumers displaced when it comes to voicing their concerns about products and services.
This suspension of protection services has allowed the beast of robo-calls to fester and become feral, as consumers cannot block or report harassing robo-calls. They’re left screaming into the void. Alex Quilici, the chief executive of YouMail—a smartphone application that helps consumers block robo-calls—describes it, “It’s a neighborhood with no police on the beat.” YouMail estimated, just last month, there were 5 billion robo-calls made, and 50% of calls made in early 2019 could be coming from scammers and robots attempting to fraudulently obtain your information. These horrifying statistics are the codas for a chorus of federal employees who are aware of the scope of the problem, like Jessica Rosenworcel, the Federal Communications Commission Commissioner, “The number of robo-calls consumers are receiving is insane. The problem just keeps growing. Shutting down the government is not going to help.” As of this moment, there is no one to administrate the “Do Not Call” list, the national registry in which consumers can ask specific companies not to contact them.
The Federal Communications Commission is just one of many threads woven into the Federal Trade Commission. Another voiceless victim of the shutdown is the victim of identity fraud. Louette Duvall is one of these victims. Not long after the holidays were over, Duvall’s car was pilfered by thieves while she was at her job. They made off with her purse, her briefcase, and a wealth of identifying information that amounted to a scammer’s treasure trove. Fraudulent charges started rolling in as she scrambled to alert all of her creditors and financial institutions that she had been robbed. She began calculating the full scope of the theft’s ramifications: New checkbooks ordered, extravagant items ordered in her name, new credit cards, the list goes on and on. When she called the Federal Trade Commission to let them know her identity had been stolen, she was told they could not help her due to the government shutdown. FTC data prior to the shutdown stated that the agency received thousands of calls a day regarding identity theft alone. That’s thousands of crimes going uninvestigated every day, a Washington Post reporter pointed out when they became a victim as well. Not only are new crimes going unreported, but investigative resources are also frozen. The Consumer Sentinel Network helps investigators track the movement of identity theft and related frauds to build cases against the perpetrators, and it remains down as of day 26 of the longest government shutdown in history. At a minimum, the FTC is still allowing individuals to file complaints so that they be issued an affidavit for their creditors’ purposes.
News coverage of the shutdown has attempted to sharpen the big picture for Americans when it comes to the ripple effect of the government shutdown. While many federal agencies might be unable to assist consumers with complaints, there is recourse for consumers experiencing the myriad of issues helmed by the Federal Trade Commission. There are online, step-by-step resources for obtaining documentation to dispute fraudulent charges and claims. Consumers can also retain the services of a private investigator. One of the most beneficial aspects of hiring a private investigator is that they are the top of the chain of command in their firm. They are the ones calling the shots in any investigation, not a supervisor nor a superior. They will represent your interests and your interests alone. As is the case with many frauds and thefts, perpetrators tend to either operate remotely, or move quickly to evade law enforcement. Acting independently, private investigators will be able to move as fluidly as a scammer, crossing jurisdictional boundaries with little to no red tape. Statistics surrounding fraud indicate that many federal investigators in charge of tracking down scammers and thieves are inundated with a never-ending stream of complaints. This means their attention can be divided over and over again across a heavy caseload. A typical private investigator only handles between 3-4 cases at a time, meaning your case can be a priority for them and not just another file in a drawer.
Political pundits and talking heads don’t project a sunny forecast when it comes to the shutdown—no end in sight. As the shutdown enters its 27th day, many Americans who have been the victims of consumer fraud and identity theft who do not yet know the full scope of the shutdown’s impact will receive an ugly surprise when they turn to the federal government for help. While the government gets its house in order, know that there are options for victims of consumer and identity fraud. Consult a private investigator today to learn how their specific skill set, experience, and independence can help you get right the ship when it comes to fraud.
FMLA fraud can devastate a company, but companies should protect the integrity of their investigations to protect themselves.
The Family and Medical Leave Act (FMLA) provides working families balance to their lives when their circumstances take a turn. Whether it’s caring for new life in the household—such as a newborn or a foster child—or to care for an ailing relative, the 1993 act protects employees from being terminated from their jobs when they must take an extended absence for a specific set of reasons. However, abuses of FMLA are extremely common in the American workforce. While suspicions of FMLA abuse should be taken seriously by employers, companies must conduct thorough and unbiased investigations before terminating any employees. Businesses who do not follow protocol can open themselves up to expensive litigation.
In addition to protecting employees from termination during an extended leave, FMLA also requires their various insurance coverage remain in effect. This protection can be guaranteed for up to 12 weeks. According to the Department of Labor:
FMLA is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons. It also seeks to accommodate the legitimate interests of employers and promote equal employment opportunity for men and women.
FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for any of the following reasons:
the birth and care of the newborn child of an employee;
placement with the employee of a child for adoption or foster care;
to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
medical leave when the employee is unable to work because of a serious health condition.
The use of FMLA within these guidelines (with some exceptions) is designed to protect hard-working men and women from losing their jobs when their family suddenly requires their attention. Life can change so fast, and employees can rest easy knowing their jobs will be waiting for them when they are able to return in top-performing condition.
According to Charlie Plumb, an attorney who represents clients in all phases of management, abuse of this protection should be investigated, provided the employer has an “honest suspicion.” He goes on to say, “This honest suspicion standard is really intended to protect the employer against a claim they are interfering against FMLA leave and/or being retaliatory.”
A familiar scenario is one where an employee has been granted leave under FMLA for a serious illness or injury. The employer then happens to see posts from the employee on social media having fun out with friends, exercising, or driving. The employer might think, “If they’re well enough to do these things, they must be well enough to work.” While this might sound like an open and shut case from the employer’s point of view, Allen Smith of The Society of Human Resources Management, provides an example where this philosophy proved problematic:
“Joan Casciari, an attorney with Seyfarth Shaw in Chicago, said she handled a case that involved an employee who was put on FMLA leave for depression. The employer later discovered, through surveillance, she was doing Christmas shopping with her family and having a wonderful time. But her doctor confirmed “retail therapy” was consistent with her condition and the fact she could shop did not mean she did not require FMLA leave.”
Luckily for the employer in this anecdote, they did their due diligence and consulted a medical professional who could corroborate the circumstances of her FMLA qualifications. Some employers are far hastier. When employers do not conduct comprehensive and objective investigations into suspicious FMLA claims, they can open themselves up to lawsuits that can be devastatingly expensive and a public relations nightmare.
Vigilance of adherence to the guidelines of FMLA becomes manageable when Human Resource directors keep an eye out for certain patterns of behavior, such as absence patterns, especially when they coincide with non-work events (holidays or something personal that they may have mentioned in the past). Employers should also be suspicious of absences directly contradicting any medical certification in frequency or duration.
Once an employer has a reasonable suspicion of FMLA abuse, they should most certainly investigate. However, internal investigations into these kinds of abuses can be very messy for Human Resources and upper management. The aforementioned scenario involving “retail therapy” could have been a disaster if the company had not done their due diligence. Some employers are not so diligent.
Another scenario involving a maintenance worker at a nursing home and rehabilitation center panned out much differently. The employee in question noticed his superior was exhibiting a pattern of absence he found suspicious. He began reviewing surveillance footage to compare to his own personal log of her comings and goings in order to prove she was abusing company time. After discovering the independent investigation, the superior served a series of performance adjustments to the employee before terminating him. The termination came after the employee had submitted an FMLA request. The court found the dates of his termination tied in too closely with his request for FMLA, allowing the employee to take the case to trial.
Scenarios like these are why Human Resources and management should 1) be vigilant of FMLA abuse, and 2) conduct a thorough and unbiased investigation in order to ensure the company is protected from litigation. Many companies choose to handle investigations internally in order to minimize the amount of exposure. However, internal investigations spearheaded by current members of staff, will not only disrupt daily operations, but can also have negative effects like the case of the nursing home. The employee conducting his own investigation may have had honest suspicions of his superior’s misconduct, but he was certainly not a unbiased source to investigate.
Private investigators are probative routes often overlooked when a company has an internal investigation. There are many circumstances under which companies do not want to give up control over an internal investigation, and a private investigator is the definition of a third-party. However, the objectivity of a private investigator is the number one reason why companies should consider them as an option. The personal biases of the persons involved in the previous examples caused the investigation to go south. As an independent contractor, a private investigator’s only loyalty is to the truth. They are vital to ensuring an investigation is a transparent expedition for the truth. This goes a long way towards protecting a business from subsequent lawsuits or bad press.
When handling an investigation internally, employers are limited to what surveillance they can attain from their own equipment or social media. Private investigators are licensed to track individuals and photograph their activity in public. Persons who fraudulently claim to be out for injury can be photographed doing tasks directly contradicting their FMLA claim, like yardwork or lifting heavy groceries. In addition to tracking their public movements, private investigators may also conduct undercover operations in order to investigate any frauds. They are invaluable in this regard as they are not known to those within the company. Whether you’re looking for an FMLA weekender or an FMLA moonlighter, if someone has made a fraudulent FMLA claim, a private investigator is the most-equipped professional to prove or disprove the suspicion.
This suspension of protection services has allowed the beast of 
