Corporate Culture Audits: Why Hire a Private Investigator?

Corporate Culture Audits: Why Hire a Private Investigator?

Private investigators can be the best candidates to perform corporate culture audits

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.

Louisville, Kentucky Private Investigations

Louisville, Kentucky Private Investigations

When you think of private investigators, you don’t usually imagine the state of Kentucky as their stomping ground, but the flexibility of a private investigator’s skills can be applied in any city, any state, as long as the investigator meets the state requirements for independent licensure—and Louisville private investigators are never hard-up for casework. The city of Louisville, Kentucky is synonymous with so many well-known aspects of American Culture. It’s the home of legendary boxer, Muhammad Ali, the annual Kentucky Derby, Louisville Slugger bats, and Kentucky Fried Chicken. It’s a vibrant cultural hub smack in the middle of America that combines metropolis energy with southern charm. Despite the fact that it’s one of the safest cities in America, Louisville also experiences a higher rate of violent crime than the U.S. as a whole. With The speed, anonymity, and geo-social aspects of the city make it an ideal place for a private investigator to set up shop.

Relative to its size and population, Louisville is comparable to Baltimore or Glasgow (U.K.). It has a crime rate of 647 violent crimes per 100,000 people. In 2017 the Louisville Metropolitan Police Department fielded 4,428 violent crimes, 44% of the entire state total. That’s an average of 12 violent crimes reported every day. Even police departments that are well-funded and well-manned have difficulty juggling the caseload per investigator, and that is where private investigators come in.

Private investigators as a profession have a reputation for seedy surveillance and cloak-and-dagger tactics, but the same services that expose cheating spouses and hidden assets can assist in casework for violent crime. In a 2018 investigative piece, Louisville’s radio station WFPL 89.3 reported that LMPD closed 51% of its open rape cases over the course of three years. However, the Louisville station also determined that in a majority of those cases, they closed them with the classification of “cleared by exception,” a status meant for cases considered “exceptional situations,” often resulting in no arrests. This has been characterized as Louisville’s PD attempt to improve their closure rate. Jessie Halladay, a spokesperson for Louisville Metropolitan Police Department said, “What it means is that we have done all that we can. We don’t use that as a marker of success when we use ‘cleared by exception.”

Case closure does not mean there’s closure for the survivors of these brutal crimes. In the best-case scenario of “cleared by exception,” it could simply mean that the Louisville police hit a roadblock in investigative methods such as witness location, evidence-gathering, or jurisdictional boundaries that prevent them from investigating further. Private investigators have a similar tool chest to that of law enforcement officers. Survivors of violent crime without closure in their case can hire private investigators to pick the case up where law enforcement left off—locating vital witnesses, performing surveillance, and documenting casework that can be helpful if the case is resurrected within the justice system, or if the survivor wishes to face their attacker in civil court.

One of the nation’s foremost experts in missing persons, private investigator Thomas Lauth (Lauth Investigations) recently expanded his independent investigation firm to serve the Louisville population. “When cities like Louisville have difficulty closing cases within their respective police departments, that’s where private investigators can ‘pick up the slack,’ for lack of a better phrase. We can follow leads that law enforcement cannot and we can bring justice to survivors of violent crime who previously had no recourse.” With their autonomy, private investigators can pick up leads that law enforcement might have dropped, or locate witnesses that might have left the jurisdiction. Lauth went on to say that Louisville provides some unique opportunities for a variety of investigations. “Cities the size of Louisville have a level of CCTV surveillance that is beneficial in investigations for locating witnesses, getting accurate accounts of how an incident transpired, or capturing license plates for investigations involving vehicles.”

When police departments are overwhelmed, private investigators can pick up the slack, and bring closure to victims of violent crime or otherwise. They possess a similar skill set, juxtaposed with a level of autonomy not afforded to law enforcement. This means jurisdictional issues will never be a hurdle to stall case progression. Because private investigators only have 3-4 cases on average at any given time, that means caseload will never interfere with their ability to follow a lead in a timely matter. This can lead to the recovery of new evidence, witness statements, and ultimately, closure in your case. If you’re the victim of an unsolved crime, call Lauth Investigations International today for a free consultation, and learn how we can help you find justice today. Call 317-951-1100 today or visit our contact page.

Corporate Culture & Employee Litigation

Corporate Culture & Employee Litigation

Corporate Culture & Employee Litigation

Every corporation needs an excellent in-house attorney to fight complex legal battles in their stead—someone to act in the best interests of the company and its future. In addition to the everyday intricacies of business litigation, house counsel may also have to field lawsuits from current or former employees who have a legal objection to something that happened during their tenure at the business. When employee lawsuits become a pervasive issue at a business, not only is the cost in billable hours exponential, but the legal judgements that result from these litigations can be devastating for companies. While litigation in general can be characterized as the cost of doing business, companies with healthy corporate culture experience a much lower rate of employee lawsuits. So, how can healthy corporate culture reduce the chance of a lawsuit?

Corporations across the United States are starting to understand the value of healthy corporate culture. Employee lawsuits aside, unhealthy corporate culture can have detrimental, snowballing effects that occur when employees are unhappy in their capacity and unengaged in their work. This is why corporations must improve their culture from within, so that employee retention and productivity remain high. Corporations also have millennials making up the majority of the workforce in the nation, complete with a set of values that propels them to seek a better work-life balance. This means that millennials are less likely to stay in a job where they are unhappy, and will simply seek a more amendable opportunity that allows them to have the work-life balance they desire.

When employees do not feel heard or valued by their employer, they’re far more likely to file a lawsuit related to their grievance. And unfortunately, no company is safe. In 2010, 99,922 EEOC charges were filed in the state of Florida alone, a datapoint that makes leadership wonder not if they’ll be the target of a lawsuit, but when. Employee lawsuits can drag out over months or even years, exponentially getting more expensive. The average settlement in an employee claim or lawsuit is $40,000. That expense alone can be devastating to a company, but that does not account for the disruption to daily operations, and the fact that litigation costs are on a steady rise. In 10% of cases, settlements result in $1 million or greater, a sum that could be the beginning of the end for many medium to small corporations.

The risk of a lawsuit can be even greater depending on the state in which it is filed. According to the Hiscox Group, a majority of states carry around a 10% change of having an employee lawsuit filed against them. However, in Georgia, the probability is 19%. In states like New Mexico, California, and Nevada, the probability can be as high as 55%. The area with the highest probability of litigation is the District of Columbia, with a terrifying 81% chance. The reason for the wide range in probabilities is two-fold: First, the legal standards in each state regarding discrimination and hostile work environments can vary. Secondly, the states with higher risks have more binding laws regarding litigation that can create extra hurdles for companies at the state level. This is why corporations must stay current on employment legislation, especially if they have locations across multiple states/jurisdictions.  

So, how can corporations protect themselves against litigation from current or former employees? In-house counsel fields lawsuits when they are filed, but did you know there was a more proactive method to combatting employee litigation? The answer is simple: healthy corporate culture. When a corporation has a healthy corporate culture, it means that the employees feel valued by their employers in their capacity within the organization. It means that employees who feel valued are engaged, thereby greasing the wheels of internal, daily operations. This increased productivity means progress for the company, and the cycle of healthy corporate culture begins anew with leadership rewarding engaged employees for their hard work.

Research shows that the number one reason behind employee lawsuits is retaliation. In an average scenario, the employee reports an internal issue, usually regarding a form of discrimination. Following the inclusion of the investigation, when the employee cannot track for upward mobility, or a form of unwarranted disciplinary action occurs, they assume the reason is for reporting the previous issue. This can result in that employee filing a lawsuit for receiving unfair treatment on behalf of their employer. When organizations have healthy corporate culture, this is far less likely to occur.

If your company or organization needs a corporate culture overhaul, call Lauth Investigations International today for a free quote on our corporate culture audit program. We can help you improve your business from within and decrease the likelihood of employee lawsuits. When it comes to your business, you should expect facts, not fiction.

 

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Corporate Culture Audit: What to Expect During an Audit

Corporate Culture Audit: What to Expect During an Audit

corporate culture audits

Pervasive internal issues are the malignancies that contribute to the decline of any corporation. While they come in many shapes and iterations, issues like communication, employee engagement, and employee relations can quickly derail a corporation’s mission. That’s why corporations across the country are electing to undergo corporate culture audits in order to get a full picture of what the internal issues are so they can make concentrated efforts towards improving their business.

No two culture audits will ever be the same—which is as it should be. Every company or organization is fundamentally different from one other, not only due to its structure and size, but because no workforce should be evaluated with the same measuring stick as another. It’s imperative that the context of every single corporation be fully explored. Full context can include, but is never limited to things like corporate mission, vision, values, internal operations, structure, and leadership.

Undergoing corporate culture audits is the first real step in addressing pervasive issues within the workplace. Think of it as an annual physical or checkup with a physician for your business. When you go to the doctor, you undergo an examination, and the specialists run tests in order to determine how healthy you are—a corporate culture audit is no different. A corporate culture auditor comes in and evaluates the level of functionality within your corporation so you can start implementing strategies to improve and grow your business. Here are some things that a corporate auditor might look at when they evaluate a corporation or organization:

  • 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?

Corporate culture audits usually begin by speaking to leadership. As the old adage goes, “The fish stinks from the head.” Many problems within an organization can be traced back to problems with leadership, and corporate culture auditors evaluate from the top down. Even if a CEO or manager is engaged in supervision of daily operations, they may still be making daily mistakes that contribute to stalls in the process.

Once leadership has been evaluated, auditors turn their attention to internal operations. This involves looking at the chain of command, the productivity flow (how the integral processes move from employee to employee), and the quality of communication throughout the company. This might involve interviewing department heads, reviewing meeting minutes, and evaluating the environment of the workplace. This step is crucial, because regardless of the leadership or employees in place, if the ecosystem of the workplace is flawed, it can be difficult for even the most efficient, engaged employee to achieve success.

Evaluating the environment and internal operations is tantamount to establishing a bulletproof process for success—leaving the workforce as one of the final pillars to be examined by the auditor. When you seek a comprehensive picture of your employees’ level of engagement, it’s important for auditors to identify the subcultures that are either contributing or derailing your company’s mission and values. For example—there might be a cluster of apathetic employees, who are not only disengaging together, but their behavior actively encourages other employees to exhibit the same habits. This kind of apathy can be a cancer in your corporation and may spread to other parts of your workforce, further contributing to the decline of business.

Most importantly, at the conclusion of the audit, an investigator will prepare a detailed report with very explicit recommendations for how to fix the problems within the corporation or organization. This could include items such as the termination of toxic employees, the revitalization of internal operations, and necessary changes to a brick and mortar locations for increased security or higher accountability. Once the audit is complete, the burden of change lies with leadership to become beacons of change within the internal structure. Corporate culture begins to improve when leadership enforces changes from the top, allowing their example to trickle down through the organization in the form of higher accountability and increased engagement.

If your corporation is suffering from a corporate crisis, don’t hesitate. Corporate culture audits are pulling more and more companies back into the black every day. Even if the crisis seems relatively minor, it could be symptomatic of a larger problem within your organization. Call Lauth Investigations International today for a free quote on our brand-new Corporate Culture Audit (CCA) program. Our dedicated and qualified staff composed of former military and law enforcement officers will get to the bottom of your internal problems. With Lauth Investigations International, you can expect hands-on, comprehensive services, detailed reports, and expert recommendations. When it comes to your business or organization, you should only expect facts, not fiction.

Investigating Non-Compete Violations

Investigating Non-Compete Violations

non-compete violationWhen growing a business, executives and owners have to go the extra mile when it comes to protecting trade secrets. In the pursuit of their company’s business, a common practice for corporations of all sizes is implementing non-compete clauses in their employees’ contracts. This ensures, should an employee leave the company for any reason, they cannot utilize trade secrets for the purpose of building a similar business of their own. It’s in a business owner’s best interest to be preemptive in protecting themselves from client poaching, theft of company secrets, and possibly even slander when it comes to current and former employees who violate their non-compete agreements.

Though they go by several names and the laws concerning them vary state to state, non-compete agreements are generally a legally-binding contract between an employer and an employee, whereupon acceptance of a job offer by a company, an individual agrees during their employment and following their termination they will not enter into any competing business for a predetermined period of time. Whether it’s working for a company’s top competitor, or striking out in their own business, non-compete agreements protect trade secrets, sensitive company information, and prevent competing businesses from poaching successful employees with promises of a handsome pay-raise in exchange for the expertise they might have gleaned from their time at their previous position. This kind of information can range from client bases to business operations to future products and services. The duration of the non-compete agreement following an employee’s termination have to be well within reason, as no employer can permanently preclude a former employee from any line of work.

Not every company experiences difficulties by virtue of a former employee violating their non-compete agreement, and some companies do not see the need for non-compete agreements at all, but the consequences of trade secrets being used to steal a company’s business can have devastating effects, ending in the worst possible circumstances with a business closing and an owner in debt. Even if a company is able to quash a non-compete violation in court, the cost to the company in legal fees can be astronomical, especially for smaller businesses. That’s why it’s important for owners and executives to be preemptive and proactive when it comes to potential violators. Luckily, a private investigator can help at all stages of a non-compete violation investigation.

Human resource employees are the salt of the earth, and can have a great influence on how a company develops based on the individuals they select for their workforce. However, human resource employees are not lie detectors, and do not always have access to legitimate, comprehensive background screening tools. Background screenings and checks are among the most common service associated with private investigators. If there is something suspect in a candidate’s past, licensed private investigators have the tools and experience to find it out. Private investigators can pull a candidate’s criminal history, financial history, and interview persons in their lives who can speak to character and work ethic. They can also spot patterns in a person’s work history or lifestyle that could be high-risk factors in a hypothetical non-compete violation—things like transience, long periods between positions, or financial destitution.

Some malingering employees can’t wait to be terminated before violating their non-compete agreements. It’s not uncommon for these individuals to exploit trade secrets for their businesses own gain while on company time and dime. While on a business trip, an individual might use company per diem to buy drinks for a person who could be a potential investor in their new business. Employees might use company supplies to supplement their project, such as printers, fax machines, computers, and other equipment. Private investigators can conduct diligent investigations within a company’s workforce to root out the source of the theft. Private investigators can interview witnesses, including upper management and other staff, review vital documents like bank records, and conduct surveillance of the company’s operations as needed to expose the perpetrator. Their objectivity makes them an ideal candidate to conduct such an investigation because they do not have a stake in the outcome.

There are many circumstances under which a business owner might come to suspect a former employee has violated their non-compete agreement. Word might have traveled through business circles that a similar business is starting up. Employees might start disappearing in clusters. Clients may suddenly decide to sever business ties in favor of a new contender in the competition. Whatever transpires, one thing is certain—documenting and exposing this exploitation is imperative, because the consequences can be costly. Retaining a qualified private investigator who specializes in corporate crises is crucial to resolving non-compete violations quickly, before the exponential costs begin to erode profits. Private investigators can perform surveillance on suspected former employees to document their movements, record with whom they met, and collect evidence such as pictures of a brick and mortar establishment, marketing materials, vital documents, and filings with the Secretary of State. Private investigators can send undercover operatives to infiltrate a workforce to get information the business privy only to employees. They can also enlist the aid of a confidential informant—an individual already within the company to provide information. This requires quality interviewing skills and developing a natural rapport with potential witnesses, both important qualities in a qualified investigator.

When non-compete violations are at their ugliest, not only do violators seek to siphon off their former employer’s business by exploiting trade secrets and knowledge of their operations, but they can also play dirty by exposing this information publicly. Another method involves deliberately spreading lies about the competition in order to drive business towards the former employee’s company. That’s known as slander and it’s legally actionable. Documenting the perpetuation of these lies and proving they are in fact false are crucial in these cases. Diligent fact-finding is the cornerstone of any private investigator’s expertise. Private investigators can conduct cyber investigations to track down the users behind profiles that post false negative reviews, follow rumors back to their roots, and forensically track how information left the competition and made its way into the former employee’s business nucleus. They can implement many of the strategies aforementioned: surveillance, interviewing witnesses, documenting evidence. Slander cases tend to have a divisive they-said, they-said narrative, which is where a private investigator’s objectivity becomes invaluable once more. Private investigators have no stake in the solution of an investigation. Their independence coupled with their expertise and resume make them spectacular witnesses in any subsequent litigation.

When a company has a non-compete agreement in place, it’s important that executives and owners are proactive when performing a risk assessment on a potential employee. It’s important that a healthy company culture fosters good comradery, honesty, and a policy of “if you see something, say something.” Building a case against a former employee who violated their agreement can be time consuming at the expense of company resources. Dealing with the fallout from litigation can bring a reliable business to its knees. Private investigators can assist in all phases of any non-compete agreement violation, and retaining their services will go a long way towards a body of objective evidence and testimony that can resolve a company’s crisis.

If you have suspicions that a current or former employee has violated their non-compete agreement, contact Lauth Investigations International today for a free consultation on how we can help you! Call 317-955-1100 or find us online at www.lauthinveststg.wpengine.com. 

Carie McMichael is the Media and Communication Specialist for Lauth Investigations International. She regularly writes on investigations, missing person, and other topics in the criminal justice system.