by admin_lauth | Mar 24, 2019 | Corporate Investigations, White Collar Crime, Workers Compensation Fraud Evergreen
Investigating Employee Malingering
Over the past weekend, many Americans participated in St. Patrick’s Day festivities in their community. With the 17th of March falling on a Sunday this year, many service industry establishments held events and promotions all weekend, which for many employed individuals meant three days of imbibing and socializing. After all of the excitement and green beer, it’s no wonder that March 18th is one of the most common days for employees to call off in the entire calendar. Consequently, there is a spike in employees who are suddenly experiencing “flu-like” symptoms, including sweating, headaches, and stomach upset—employees who are calling in sick who could very well just be hung over. This is what employee malingering looks like, and it can have disastrous impact on businesses and corporations throughout the country.
Employee malingering can be a difficult subject, as it usually falls under the umbrella of other sensitive topics, such as FMLA abuse. Some companies do not feel comfortable investigating possible abuses of FMLA, and do not probe into suspicions of malingering. Often, however, sometimes it’s just a matter of an employee who has a chronic case of the “sniffles.” Malingering employees have a pattern of faking sick in order to get out of working. This can be for a single day Malingerers cost companies across the country billions of dollars a year, with exponential costs of investigation and possible litigation, laying heavy blows to a company’s profits.
Malingering is preventable, but only if an employer provides consistent and accommodating policies concerning their employees’ physical and mental health needs. These enforced policies will leave no single employee feeling victimized by a vindictive supervisor or employer. If your company requires employees to document visits to the doctor, then there should be no exceptions in to that rule, barring extenuating circumstances. After all, asking for documentation is one of the best ways to prevent malingering, because employees who would simply rather stay home will be reluctant to spend their day in the doctor’s office as an alternative. This consistent enforcement of company standards also adds another veneer of integrity that becomes valuable in later stages of any investigation. It’s also important for an employer to remember that there must always be room to accommodate an employee’s needs. Unreasonable, aggressive policies with regards to sickness can make a work environment unhealthy, both in the physical and metaphysical sense. Employees who don’t feel free to take a sick day when they have an actual illness can spread it to the entire workforce. Employees who also feel as though their needs are not being accommodated can be resentful and their work performance may suffer as a result.
Just as the case with FMLA abuse, in order to have an objective investigation into any honest suspicions of malingering, it’s crucial to retain the services of a external, third-party, private investigator. Investigators appointed from within a company to investigate suspicions of malingering may know the ins and outs of a business intimately, but are objectively useless when it comes to investigate one of their own. For starters, if this employee is well-known to much of the workforce, they will be easily spotted when conducting any surveillance on an employee who is suspected of malingering. They will be recognized and the employee will immediately be on their guard. If an internal investigator is not licensed by the state, they may not know the legality of their methods and it can taint the investigation going forward. Private investigators—while having more autonomy than law enforcement—still must operate within state and federal law. Private investigators are trained to gather and document evidence and interview witnesses to corroborate their observations of a malingering employee’s movements. Any business owner knows that investigating employees for any reason has the potential to lead to litigation, and during those proceedings, an objective, third-party investigator is the one with the most integrity during deposition or testimony, as they do not have a stake in the outcome of the case.
If you suspect an employee of yours is malingering, then lay the groundwork for a solid investigation by retaining the services of a qualified licensed investigators. When it comes to taking the steps to investigate employee malingering, an employer must begin with what’s called “honest suspicion,” which is pretty self-explanatory. When an employer investigates a malingerer with honest suspicions, the decision to hire an external investigator to do so continues the transparent narrative in which the employer acts in the best interest of the company. Hiring private investigators to maintain objectivity not only make for a quality investigation, but also foster a culture of integrity and mutual respect within any company.
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by admin_lauth | Jan 24, 2019 | Child Custody, Child Custody Evergreen, Personal Investigations, Private Investigations News, Tips & Facts
Divorce and child custody are polarizing topics in the United States. Divorce itself is an ugly business. Two people who stood in front of their friends and families and promised themselves to another now find themselves in a situation where the life they built together is over. Often it is a storm of heightened emotions, personal crises, mediation, negotiation, carping, and resentment. For many, children sit in the eye of the storm, helplessly witnessing the destruction of their family unit around them. As if this were not tumultuous enough, children often become silent pawns between two parents or caregivers who seek to hurt one another. When developing a strategy for navigating a custody situation, caregivers often do not consider the possibility of hiring a private investigator to help build a credible case for sole or partial custody.
Many couples who are on the brink of divorce, or already treading in the harsh current of proceedings, default to the advice of lawyers, the court system, and child services when it comes to issues of custody. There is a myriad of reasons for this, including a parent’s financial means, work schedule, health issues, and ignorance. What’s problematic about leaving issues of custody in the hands of lawyers and the courts is families in turmoil become files in a drawer. The decisions made on behalf of the legal system often rest on the review of a mountain of paperwork; courts relying on police reports, financial/asset summaries, psychological evaluations, et cetera. What’s on paper becomes the load bearing beam for any decision made regarding custody, because caregivers in conflict are both subject to scrutiny in their statements against the other.
Private investigators have a tool chest similar to that of law enforcement allowing them to document a subject’s movements, behavior, and treatment of their children—both prior to divorce proceedings and after. Members of law enforcement are often the most credible investigators in the eyes of the court. However, unless a criminal act is reported, such as domestic violence or child neglect, law enforcement has little to no involvement in custody cases. Parents without those tools at hand are left with little recourse. Any evidence they document themselves is subject to scrutiny by the courts and by opposing counsel as misrepresented, inaccurate, or downright false. In those cases, those parents trying to build a credible case against their co-parent or caregiver can be maligned as malicious by opposing counsel, and those details may prove to be to their detriment.
The number one advantage of hiring a private investigator to document a questionable parent’s behavior is their ability to move through any environment undetected. Despite the fact a study determined there was an excess of 78,000 private investigators employed in the United States alone in 2017, you’ll never see a good one in the field. Private investigators are trained to blend into the crowd and surveil inconspicuously in order to ensure the subject does not modify their behavior for the benefit of being watched. In addition to hiding in plain sight, part of maintaining success in their profession means staying up to date on the best available surveillance technology on the market in order to gather evidence for their cases. Things like cameras disguised as ink pens, or drones with quiet motors that will not be easily detected. Parents are on their very best behavior when in mediation or appearing before a judge, but private investigators can completely upset the current state of a custody case with evidence they uncover in the field. They can document things like abuse and neglect through photographs, video, audio recordings, witness testimony, and the same examination of vital documents that would be performed by the courts. Their training has equipped them to be on the lookout for things like substance dependency, such as alcoholism, drug addiction, or gambling problems. They can also document the opposing caregiver’s living conditions, whether or not the child is clean and well-fed, and their emotional wellness while in the care of said person. What makes a private investigator a particularly valuable asset is they are an objective third-party. Even if they have in fact been paid by one party in a custody case, misrepresentation of facts on their part may mollify their client in the moment, but will ultimately hurt their integrity with future business. Due to this, private investigators can become unimpeachable witnesses to behavior they’ve seen on the part of the opposing side that would damage the child’s well-being.
Private investigators can take on child custody cases at many different levels, all of which can be beneficial to the parent who wishes to establish a case against another parent or caregiver who they perceive to have questionable integrity. As with any investigation, the sooner the process of documenting and gathering evidence starts, the stronger a foundation the parent will have when they present their case before a judge. Parents who are considering divorcing a co-parent or caregiver and intend to establish a pattern of unfitness should consult a private investigator right away. The subject is more likely to proceed as they would normally prior to news that their partner is taking them to court. While the subject may not suspect they are being legally surveilled during a divorce proceeding, they are aware of the fact that—at a minimum—their behavior and actions during that time will be taken under consideration by the courts. The time to start collecting evidence is before divorce papers are drawn up and served.
However, it’s no mystery circumstances may not allow for this. Events prompting divorce proceedings may be very sudden, allowing no time for a hyper-covert investigation on behalf of the client. Parents who are in abusive relationships may not have access to the financial resources for this kind of initiative. As such, many private investigators enter the case when divorce is already a reality and custody proceedings are in full swing. One of the major criticisms of the court system in custody cases is children are often defaulted to the custody of their mothers, leaving fit fathers or other caregivers with few options. In one such example, an investigator from Indianapolis, IN was hired to investigate the parental fitness of a mother fighting her ex-husband and his parents for custody of their eight-year-old daughter. The child was shuttled back and forth between her mother and father’s respective homes for a few months while family court proceedings moved at a glacial pace. The father became increasingly concerned about his daughter while she was in her mother’s custody, and hired a private investigator to find answers. The investigator uncovered the mother’s place of residence on the record was dilapidated, dirty, and not at all a suitable environment for a child. Additionally, the investigator found the mother’s new husband had a criminal record, regularly used drugs, and had questionable judgement when it came to things like social media interaction and encounters with law enforcement. This led to the father retaining full custody of his daughter, with the mother being allowed only supervised visits. This investigative strategy is a two-way street, meaning that a parent who has been falsely accused of abuse or neglect in order to limit access to their child can hire a private investigator to disprove these claims, document the proper living conditions for the child in question, and secure evidence of malicious intent on behalf of the caregiver making false allegations.
Children should never be used as chess pawns in a messy divorce. Ultimately, any child custody investigation should be about the child’s safety and well-being—not about which parent is righteous in their indignation. A private investigator’s expertise, testimony, and lack of bias can shine a crisp, contextual light on the muddied waters of a child custody case.
by admin_lauth | Oct 19, 2018 | Corporate Investigations, Harassment & Discrimination Evergreen, Investigations, Resources, Tips & Facts
Employee misconduct in the workplace can have a toxic effect on morale and productivity, which often incentivizes employers to resolve the situation quickly. These days, there are clear benefits to getting out in front of any misconduct complaint as movements like #MeToo have employers scrambling to vet their workforce so they can identify predators before scandal or evidence of misconduct can become public. In a surveillance culture where both bad behavior and good behavior are fodder for a good viral news story, employers everywhere are starting to understand the value in properly handling a corporate crisis. But in their haste to resolve the situation, are employers handling internal investigations properly?
Regardless of the type of business and type of misconduct, (sexual harassment, drug-trafficking, theft, etc.) the first instinct where there is a whiff of employee misconduct is often to keep the information very close to executives. As with any investigation, the controlled release of information has an investigative advantage in identifying the true culprits of any misconduct. This is the beginning of employers remaining too close to the situation. It’s not unusual for a well-meaning employer to appoint themselves as the head of the investigation—but this presents a huge conflict of interest. As a person with a great deal to lose, the employer is, by their very nature, biased and an unbiased investigation is the foundation for anything built on an employee complaint. Without the use of an external investigator, the case loses integrity.
Hiring an external investigator, like a licensed private investigator, will bring a flattering layer of transparency to any workplace investigation. First and foremost, a private investigator is an independent third-party. Having no personal knowledge of the employees involved—and therefore having no preconceived notions about them—means they can truly approach the case from an indisputable place of objectivity. The employer’s personal knowledge of their employees disqualifies them from such objectivity. Whatever the misconduct du jour, they might never suspect their trusted personal assistant, their senior manager, or their business partner—all individuals with extensive access to company information and property. However, a private investigator will vet this list of possible suspects in search of the truth.
When an employer is unsure of how to proceed when investigating workplace misconduct, it seems like a no-nonsense solution to let the lawyers handle it. And it can often make sense, as they will be fielding any litigation that surfaces. In-house counsel might feel it’s under their purview for the same reasons, but this is very misguided. The lines of their capacities as both in-house counsel and investigator cross one another, thus creating another conflict of interest. While there are states like New York that allow attorneys to act as private investigators without a license to do so, this is still not recommended. Witnesses within the company will likely have anxiety about speaking to the company’s lawyer, and might not be as forthcoming with pertinent details. Leads suddenly begin pancaking into dead ends as nervous employees become less cooperative. Private investigators have the advantage in this situation, as they are not representatives of the individual’s employers in any capacity, and have no power to fire them. It’s the same advantage private investigators have over law enforcement because they have no powers of arrest.
The documentation provided by a private investigator is invaluable to workplace investigations. After all, many reports not handled to the satisfaction of the complainant often lead to legal action, the most common example being the more familiar story of sexual harassment in the workplace: An employee alleges sexual misconduct against another employee. Both parties are interviewed. The interviewer does not tape the interview nor take notes. After a shoddy investigation, the complainant decides to sue the company for negligence. Another common example is the case of an employee who is hastily terminated for FMLA abuse or malingering before the company conducts a thorough investigation.
Not only are paper and ink expensive, but filling out and preparing reports is time-consuming—time that would be better spent trying to improve your business. Private investigators keep meticulous records, just like law enforcement, of all witness statements, evidence, surveillance, and relevant information to the case. This will go a long way towards addressing the complaint after the PI has issued their solution. It’s a perfect package: The investigation is chronicled from beginning to end, all of the relevant information is accessible, and best of all, it was conducted, prepared, and presented by a completely objective, independent third-party. The same third-party can also offer testimony in any court case that might result from the investigation.
Whether you’re investigating sexual harassment allegations, drug-trafficking, theft, or any complaint of employee misconduct, make the proactive choice of hiring a private investigator. It’s the strongest first step you can take in any internal workplace investigation. From the beginning, the investigator will be an impartial, unbiased eye whose only loyalty is to the truth. This kind of due-diligence will go a long way towards demonstrating you, as an employer, have heard the complaint, taken it seriously, and are only interested in what actually occurred. The solution will not be based on pre-conceived notions of colleagues, or biased assumptions, but independent deduction and well-documented evidence. And even if the investigation comes to a less than amiable termination, the foundation laid by the private investigator will protect your business from litigation.