FMLA fraud is common. Employees have been known to take FMLA allotted days to go fishing, finish a long vacation after running out of vacation days, and even serve jail time. However, successfully winning a case of FMLA fraud in district court is not as easy as you may think. Proving that an employee’s “out of work” activity conflicts with their FMLA testimony is hard, and often requires a lot of documented research.
Take the example of an employee who was seen drinking and dancing during her sick leave for a bad back, but who won her case against her employer. Or the woman who successfully used her sick leave to take her mother to DisneyWorld. Cases that seem to be open and shut end up being far from it, and it is often due to a lack of information on the extent of the perceived illness, injury, or handicap, or a lack of information on the perceived act of fraud.
If you think you are a victim of FMLA fraud, and that you have an employee who is abusing the system, here are three things you should do before you terminate them to avoid frustrating legal proceedings and possibly losing a winning case.
Hire a Private Investigator- OK, you knew we were going to say that. But in all sincerity, trying to win an FMLA fraud case without the use of a private investigator is essentially shooting yourself in the foot. In the case of FMLA fraud, a well researched case is the difference between winning and losing, because you will need to have details on what your employee is doing that you cannot get on your own. Private investigators can help you contextualize your employees medical situation, look into any plans they had for vacations or trips, help you identify any incriminating evidence, and most importantly, keep you in line with the law throughout the process. If you think that an employee is lying about their FMLA needs, they probably are. Your issue lies in proving that to a judge.
Build a strong argument- As stated above, being out dancing might not necessarily mean that you don’t have a back problem preventing you from work- at least, not to a court judge. If the employer in that specific case did the work of consulting a medical professional and building a stronger argument around their assertion that “dancing means you can work”, they would have probably won their case. They lost because they fired their employee based on assumptions instead of facts. If you are going to fight someone on FMLA leave, make absolutely sure that you are building an argument that will stand up in court. Talk to professionals, research your assumptions (no matter how obvious and self-evident they might seem to you), and don’t terminate the employee until you are absolutely sure that you could back up your decision in front of a judge.
Weigh the pros and cons- Unfortunately, the potential benefit of terminating an employee who abused FMLA might not outweigh the costs of court proceedings, research, and the risk of losing. Of course, you do not want to continue to employ someone who blatantly lies and abuses your company and your trust. But in the case of gray areas, it might be best for your company to let it slide and assume the best. As long as the abuse is not recurring and does not become a habit, giving your employee the benefit of the doubt in minor cases of potential fraud might be best for company morale, and for your checkbook. It simply isn’t always worth the fight, despite the injustice of it.
Winning your case comes down to one thing: being prepared. Take preparation seriously, know the facts, and you have a good chance at getting justice for your company.
‘Tis the season for the hustle and bustle of Christmas shopping. While the stores are packed with consumers, cyber-shopping is at an all time high. Shopping in public can have potential to be dangerous with getting your wallet stolen or being robbed when putting the bags in your car. Cyber-shopping has a different kind of danger to be aware of. Be aware and prepared when shopping online.
Cyber-Shopping Frauds
We are all excited to get the “great deal” when shopping either in the stores or online. Sometimes, though, we need to sit back and determine when a deal is just too good to be true. There are so many sites set up to fraud consumers, I could not list all of them, so I am just going to list some ways these sites go about their scam:
Copy Sites – Large company websites such as Wal-Mart, Amazon, E-Bay, are easily recognized; however, some of the smaller websites, such as Pandora Jewelry, are not as easy to determine if a site is the correct location for the National company. Websites are set up to resemble these less known company websites, selling similar looking items for cheaper prices. When you order from these sites thinking you are getting the real thing, you are sent a cheap knock off that is not worth the money you spent.
How to avoid it? Ensure you are shopping on the correct retailer sight. If the website is something other than “.com”, chances are it is a fake. Do your research and pay attention to the website. If the website is a “knock off”, you will see the difference. Did you know the “s” in “https” stands for secure? If there is no “s”, move on.
2. Take the Money and Run – Websites are set up with “authentic” or “custom made” merchandise. When you order from these sites, you provide your credit card information to pay for the item and the item never comes. Now the individuals took your money, you have nothing to show for it and they have your credit card information.
How to avoid it? Do your homework. Research the company, call the company to speak with an employee, read the customer reviews. Do not give your credit card out without being 100% certain the company is legitimate. If they are legitimate, they will do whatever it takes to make you feel comfortable doing business with them.
Auction Sites – E-Bay is probably the biggest Auction Site on the web. It is also the most problematic Auction Site. When purchasing an item through an auction, there are several scams that may occur:
The seller posts a picture of an expensive item, the bidding war begins, the auction ends, money is sent and the seller posts a picture of the purchased item stating “technically” that is all they listed for sale was the picture, not the actual item.
The buyer purchases an item either by auction or the buy now tab and the seller requests the buyer to pay outside of E-Bay for various reasons. The buyer pays and goes to pick up the item or waits for receipt of the item. When contacting the seller due to never receiving the item, the seller states the item was never listed on E-Bay and it is not for sale.
The auction or sale is complete. The item is received by the buyer and it is damaged or not the correct item. The seller is unresponsive to contact attempts.
How to avoid it? Always make the sure the seller is active on the site. Look for reviews. If they have no reviews, they may be new to the site and started just to pull these scams. Never pay outside of auction site. Ask questions about the item. Get the seller to provide intricate details including extra pictures. Read the description of the item carefully to see if there are any keywords that stick out making the listing unauthentic.
Facebook Sellers – If a seller posts an item to your newsfeed through Facebook, you have to click on the link and you are re-routed to a different page. At that point, you are no longer secure. Once you enter their site, all your personal information is provided to them. Should you buy an item, they then have all your credit card information as well. It is so easy to be scrolling through Facebook, see a cute item for sale, hit the link, and within seconds you have purchased the item.
How to avoid it? Stop and think about what you are purchasing. Do not leave Facebook. Do not click on that link. Check out the website on your own. Do your homework. Ensure they have a safety symbol on their website.
Cyber-Shopping is so easy and convenient, we often lose ourselves to the fast paced life that we go for convenience over common sense. Before shopping online, do your research. Are you at a safe, secure website? Does the website look authentic? Check out the reviews of the seller, whether it’s an individual or a company. Ensure the url states “https” as this indicates a secure site. Trust your gut. I cannot express this enough. We know when something doesn’t look right, if we take the time to pay attention. Finally, if the deal seems too good to be true, it is so walk away!
“Trust your gut. It knows what your head hasn’t figured out yet.”
From the Desk of Kristen Justis, Director of Marketing and Client Relations
DANGERS OF ONLINE DATING FOR ALL GENERATIONS
PART ONE – THE WIDOW
A sixty-year old widow, a fifty-five year old divorcee, a professional woman in her mid-thirties or a twenty-three year old Army soldier, these are just some of the individuals Lauth Investigation International, Inc., a private investigation firm, have helped while being scammed through online dating. Scammers do not discriminate, they throw out a line and see who bites. Hence the name Catfish Scams. Over the next few articles, I will discuss each of these Catfish scams.
The Sixty Year Old Widow
A wonderful forty-year marriage, three children, a mortgage paid off and ready for retirement, then the life altering death of Jane’s husband occurs. Jane deals with the loneliness and grief of losing her life partner. A year later, she decides to join an online dating site to find a companion to spend time and share her life. She is matched with several gentlemen; however, one pursues her in the charming, exciting way she was hoping for.
Jane and the new guy, Joe, begin talking via e-mail. He tells her all about his life and the exciting traveling he has done. They have so much in common, she can’t believe how much she enjoys communicating with him. The communication then moves to phone calls and text messaging. They laugh, he compliments her, they have late night talks. The excitement of this new relationship begins to mount.
Two weeks into the relationship, Joe tells Jane he received a contract for work and he will be leaving in a couple of days to Malaysia. He is unsure how long he will be there. Jane requests to meet him in person prior to him leaving. Joe states he has too much to do before he leaves so he is unable to meet her. This makes sense to Jane, so she doesn’t push the issue.
After months of talking every day, Joe tells Jane he owes money to a hospital for some medical expenses and he cannot get to his money because he must be present at his bank to withdrawal money. Of course, his bank is in the United States. He even showed her a screenshot of his bank account with $2.8 Million. The hospital is holding his passport so he is unable to come home to her. He suggests she sends him the money to cover the debt so he can come home. Jane sends him the money.
Next, Joe asks for more money because now he owes money to his attorney in Malaysia. The attorney is now holding his passport until the debt is paid. Jane has to refinance her paid off house to pull money out, but she does it so Joe can come home to her.
Once the attorney is paid off, Joe needs further money as he now owes money to his landlord, who again is holding his passport as collateral. Jane, once again, sends him the money. Now, Joe claims he cannot come home because his visa has since expired and he has to pay fines before he is allowed to leave Malaysia.
A year and $100,000 sent, Jane begins to question Joe about his history. He explains there is lot he can’t share over the phone or text messaging and he will tell her everything when he returns to the States. She questions his accent because he is supposed to be American. He explains this away stating his father was in the military and he lived overseas in different countries throughout his childhood; therefore, he has a mix of accents. Jane asked him on numerous occasions to send her pictures of him. He claims he does not have a phone that takes pictures.
Once Jane looked past her emotions, she hired Lauth Investigations International, Inc. to investigate Joe. Private Investigators found no one exists under the name, birth date and addresses Joe provided to Jane. The bank account he provided was on a fake site. After much investigations, Lauth Investigations was able to link Joe to a scam stemming from Nigeria.
The catfishing scam out of Nigeria is a well-organized group of criminals, men and women, who troll online dating sites in the United States. They are trained to know the region around their victim to convince them they are from the area. The have training on how to connect with the victim and make them fall in love. Once they know the victim is hooked, they pull the line to get them to send money. The requests begin as a small amount and continues to grow over time with more requests for money.
The Nigerian criminal organization operates out of several different internet cafes, use a multitude of computers and phones, maintain various false identities and fake photos, and have fake websites. They utilize all the fraudulent documentation to scam individuals out of millions of dollars a year. Therefore, once the scam is discovered, the money is gone and unrecoverable.
Watch out for your loved ones and yourself for any suspicious relationships formed through an online dating service. Unless you meet the person face to face, do not fall prey to the eloquent words they are able to write or say over the phone. Never send money to someone you do not know personally. If you have any questions about someone you have met, spend your money hiring a private investigator. It’s better to be safe than sorry and broke.
Harvey, Irma, Jose, Max, Maria…this season has hit both the Atlantic and Pacific coasts with a seemingly endless stream of devastating hurricanes. Like many others, you are probably concerned with doing what you can to help the victims of the devastation, and this often means donating to online charities that are advertising their help for different hurricane relief funds. While most of the time online giving is a convenient and efficient way to offer aid, it can also expose you to certain types of online fraud and scams.
It is extremely common for online scammers to use disasters like hurricanes as a way to scam users into giving them money. Scammers pose as a non-profit organization deploying hurricane relief aid and collect online “donations” that end up going into the scammer’s pocket. Not only do these scams help fraudsters make money and create more victims, but they also take away useful resources that should be going to help with the hurricane crisis.
It is important to recognize the signs of a fraudulent hurricane relief website so you can steer clear and make sure your money is going to those who really need it. This blog outlines 5 warning signs that a site may be fraudulent and tips on how to check for sure.
Overnight Sites: Usually aid websites that ask for donations can be traced back to a parent page that has existed for years and has signs of legitimacy like a blog, certifications, or simply an up to date site that looks like it was made with care. If a site you click on does not have a homepage and is not linked to an organization that looks legitimate; this is your first red flag.
Collecting Money in a Strange Way: Another definative warning sign is if the charity or non-profit asks you to send money in a strange way. For example, through a direct wire transfer, sending cash or donating money via a transfer site like Paypal. Most non-profits will accept money through a reliable payment capture system that will require you to fill out your personal information, credit card number and will send you a confirmation upon receipt of the transaction. Texting donations is growing in popularity and it can be a good way to quickly donate. However, it also comes with added risks. Make sure to check out the organization before blindly hitting send.
Make Sure Your Charity Exists: In the online world, it is easy to build an entire facade for a company that does not even exist. If you have a doubt about a charity, take a second and Google it and see if a phone number and physical address show up. If not, it might be better to try a different charity that you already know and trust. Even if you do manage to get someone on the phone to confirm the charity, still be aware of scammers that are developed enough to set up phone answering services.
Use Charity Evaluation Sites: If you really want to confirm a charity’s legitimacy, there are charity evaluation sites like Charity Navigator and Charity Watch, that can help you determine whether or not the charity is legitimate. While this is a great option for checking out the legitimacy of certain charities, keep in mind that local or new organizations might not exist in these databases; therefore, you do not necessarily want to write a charity off if they do not appear here. For a small or local organization, trust your judgment and make sure you talk with someone directly before sending a donation.
Trust Your Gut: Ultimately, after using the above tools, you will need to go with your gut. Scammers and fraudsters are getting savvier on how to confuse their victims, whether it is by posing as legitimate organizations, setting up fake call centers or making their sites look more realistic. No matter what new tips are revealed to help you discern a scammer, sometimes the best litmus test is your own gut feeling.
Don’t let a scammer take away your generous gift from victims who really need them. Never hand over money until you are absolutely sure who you are giving it to and do not be afraid to wait a day or two until you can make sure the charity checks out. If you suspect a hurricane relief fund to be fraudulent, you can report it to the Attorney General Office of your state or the Better Business Bureau here.
Small business owners have so many things to consider at any given time. As a small business ourselves, we understand this. Day to day concerns regarding employees, inventory, pricing, and customer satisfaction take a significant amount of time and effort, leaving little room to worry about potential crises that could eventually happen like employee theft. We do not like to imagine the worst, and often try to live our day to day lives assuming the best. Unfortunately, this lack of focus on security makes small business owners especially vulnerable to employee theft.
Employee theft is the cause of failure for 30% of failed small businesses, and the median amount lost is $147,000.00 This is why it is so important to learn the signs of employee theft so that you can detect it early on. This blog article explains five common ways that employees commit fraud so that you can be on the lookout and catch problems before it is too late.
Billing fraud- In this case of fraud, an employee would send out invoices to customers for products and services that were not actually rendered. This sort of fraud is common in the healthcare industry as well as for online subscriptions like web domain renewal invoices. Make sure that you have an extra set of eyes overlooking all invoices: not just the ones that come to your company, but the ones that are sent out. If you are a small business, you may have an employee that is sending out extra invoices to your clients and collecting the extra cash without you even realizing it.
Kickback arrangements– Kickback arrangements are a type of fraud where an employee makes a deal with a certain supplier or partner to participate in a corrupt act such as inflating an invoice for products, and then gets a “kickback” payment as a reward for colluding with them. A recent example of this is the nearly 1 million dollar kickback scheme involving the Detroit Public Schools, where a school supply vendor provided kickbacks to more than 12 school employees in the Detroit Public School district in exchange for fraudulent invoices. Kickback arrangements are dangerous and highly illegal, but they can go on for years without being perceived. Again, make sure you look over all of the invoices coming in and out of your office to make sure that there are no extra or non-existent payments.
Check tampering– Check tampering is usually a case of an employee stealing company checks and writing them out to him or herself, but it can also be a case of an employee intercepting outgoing checks and cashing them in their own account. The majority of check tampering happens in small businesses and employees who are guilty of check tampering most frequently come from the accounting department. Make sure that you physically keep your checks secure, but also double check your bank statements for all cashed checks to make sure they are valid and that you wrote them yourself.
Skimming– Skimming is basically any example of where the full sum of a profit is not reported and some of the money is directly pocketed by an employee. Usually, employees practice this type of fraud by “skimming” relatively small amounts of money off of multiple purchases over time. Skimming can come from any area of your company: it could be employees who sell products that give things away for free to friends (or pocket them for themselves) or, on a larger scale, it could be accountants who record sums a little bit under the actual amount. Catching skimming can be hard. One of the best things to do is choose random transactions and double check them with your bank statement, and let your employees know that you are on the lookout for skimming. Knowing that they have a manager who is watching out for these kinds of tricks can help keep people in line.
Expense reimbursement fraud– In expense reimbursement fraud, employees somehow tamper with their business expenses in an attempt to get reimbursed for personal expenses and purchases. This could be anything from a tank of gas to an expensive flight. Expense reimbursement fraud can happen at any level of your business, but it is usually upper-level employees (who often travel or host clients as a part of their position) who commit expense reimbursement fraud. To prevent expense reimbursement fraud, it is important to review all expense reports carefully and insist that your employees provide documentation (and explanations) for each expense.
If you notice any suspicious activity that leads you to believe an employee is committing any of the above forms of fraud, don’t panic. There are steps you can take to handle situations of employee theft correctly and calmly. Check out our blog, How to Suspect if Someone is Lying to You for tips on how to handle a suspicious employee.
Did you know the “s” in “https” stands for secure? If there is no “s”, move on.
When you order from these sites, you provide your credit card information to pay for the item and the item never comes. Now the individuals took your money, you have nothing to show for it and they have your credit card information.
At that point, you are no longer secure. Once you enter their site, all your personal information is provided to them. Should you buy an item, they then have all your credit card information as well. It is so easy to be scrolling through Facebook, see a cute item for sale, hit the link, and within seconds you have purchased the item.
Once Jane looked past her emotions, she hired Lauth Investigations International, Inc. to investigate Joe. Private Investigators found no one exists under the name, birth date and addresses Joe provided to Jane. The bank account he provided was on a fake site. After much investigations, Lauth Investigations was able to link Joe to a scam stemming from Nigeria.