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 | Nov 27, 2018 | Consumer Fraud, Corporate Investigations, Criminal Investigation, Insurance Fraud, Missing Person, Personal Investigations, Private Investigations News
Indianapolis, Indiana is home to many impressive things. The city of over 800,000 is most famous throughout the country as home to the Indianapolis Motor Speedway, the site of the Indianapolis 500. In addition to a rich visual and performing arts culture, it’s also home to the nation’s largest children’s museum. Families across the United States cheer for one of two major sports franchises based in Indianapolis: the NBA’s Indiana Pacers, and the NFL’s Indianapolis Colts. It’s also home to one of the country’s best private investigators.
Family-owned and operated for more than 30 years, Lauth Investigations International has specialized in complex corporate, financial, and private investigations worldwide. It is one of many private investigation firms based in Indiana’s capital. Given recent crime data, Indianapolis is a city where a well of clientele may never run dry. One of the areas of criminal investigation most associated with private investigators is missing persons and violent crime, so it’s no a wonder why so many private investigators have set up shop in Indianapolis, with violent crime on the rise.
Relative to its size and population, Indianapolis is comparable to Portland, Oregon or Charlotte, North Carolina. Portland has a crime rate of 227 per every 100,000 people, which is lower than the national average crime rate. North Carolina experiences a higher than average crime rate of 441 per every 100,000 people. As of 2016, Indianapolis’ reported crime rate was 823.2 per every 100,000 people. A CBS News report ranking dangerous cities placed Indianapolis as the 12th in the nation, citing the violent crime rate at more than three times the national average.
News media is saturated with headlines concerning violent crimes committed against Hoosiers, so it was a surprise to most when the FBI reported crime was actually down 10% from 2016 to 2017, especially burglaries and robberies which were down 17%. Violence—especially gun violence—however, is climbing. As of October 1st, 2018, the Indianapolis Metropolitan Police Department had investigated 127 homicides and 109 murders, with 12% of those cases attributed to robbery. The recent murder of Tykece Mike-Jones is a tragic example. He was killed over a cell phone he was attempting to sell to a person he contacted through the internet—another in a string of killings IMPD has been putting on blast to warn citizens. According to the FBI, 2017 was the third record-breaking year for crime statistics in Indianapolis, and stats from the first half of this year have projected 2018 will be no different. Law enforcement attributes the overall drop in crime to the increased ubiquity of surveillance cameras in the metropolitan area.
Firms like Lauth Investigations International can assist in many types of criminal investigation. Just as in the case of violent crimes, private investigators combine the skills of law enforcement and the autonomy of a private citizen to conduct concurrent or independent investigations into a person who vanishes under any circumstances. But not all missing persons cases are the result of a person meeting a violent end. As “the crossroads of America,” Indianapolis experiences a moderate to high level of human trafficking. One of the most complex issues in human trafficking is tracking traffickers across multiple jurisdictions as they transport victims from city to city. Law enforcement can often be handcuffed by jurisdictional issues, but private investigators use their autonomy to pole vault over this red tape in pursuit of leads that might otherwise go cold. Due to his experience in complex missing persons investigations, private investigator, Thomas Lauth has worked with Interpol, the Federal Bureau of Investigation, the U.S. State Department, the U.S. Consulate and other foreign embassies on a myriad of cases, including human trafficking.
Indianapolis private investigators are not limited to cases of violent crime and missing persons, however. Every major metropolitan area will always have cases dealing with infidelity or child custody, but private investigators based in Indianapolis have ample opportunity to service local businesses with their skill-set. Indianapolis is home to a diversified body of businesses, but its five top industries are:
- Real estate
Many business owners—especially small business owners—often are not aware of how a private investigator’s services can protect, or even save, their companies. Every business needs valued employees, and finding the right person can often be an arduous task. The candidate might be qualified, but how much about their record can be independently verified? Hiring a private investigator to do background checks for employees will ensure that any verification of their qualifications will be vetted. In the wake of the #MeToo movement, many employers are making independent background checks a regular step of their hiring process in order to weed out potential predators in their workforce. All types of business can experience the full spectrum of employee theft (from vanishing office supplies to full-on embezzlement), violation of non-compete agreements, and offenses under the umbrella of employee malingering, including FMLA abuse. The independent involvement of a private investigator in the investigation of any employee misconduct will lay a strong foundation for any HR or legal consequences, ensuring that the investigation is thorough and objective from beginning to end. Kristen Justis, the Managing Director of Client Relations for Lauth Investigations International, commented on the role Lauth can play in bolstering local business, “We have a wealth of opportunities to help private citizens every day. We help frantic parents find their missing child, or put a spouse’s suspicions of infidelity at ease, but those are the cases that sensationalize this industry. Many business owners are not aware of how the services we offer can go a long way towards extending the longevity of their businesses.”
Every major industry operating in Indianapolis can rely on the services of a private investigator to protect their business—not just from its own workforce, but potential consumers as well. Finance, insurance, and real estate of all kinds can benefit from a comprehensive vetting of a consumer after their request for services. Financial institutions and insurance brokers may check a consumer’s credit, but a full background check on an applicant can sharpen the big picture when making a cost-benefit analysis regarding any transaction. In the housing industry, any landlord renting or leasing their property can be fully informed about their tenants when they employ a private investigator to run a background check. An analysis of Indianapolis’s economy by the Indianapolis Business Journal concluded that the apartment booms the city experienced were driven largely by empty-nesters and childless millennials, projecting that it would only continue to grow.
Indianapolis already has a national economical reputation for developing and sustaining niche markets, such as the market around motorsports and auto-racing. As the metropolis continues to grow in population and economy, so will the opportunities for Indy-based private investigators to support their community.
Carie McMichael is the Communications and Media Specialist for Lauth Investigations International. She regularly writes on missing person and investigation topics. For more information, please visit our website.
by admin_lauth | Nov 7, 2016 | Tips & Facts
What is malingering? Malingering is defined by Merriam-Webster as, “to pretend to be sick or injured in order to avoid doing work.” The most famous malingerer might be Ferris Bueller, but while he only cost his friend’s dad money buying a new car, malingering Americans cost billions of dollars a year. According to a study available in the US National Library of Medicine, malingering adult mental disorder claimants costs were $20 billion in 2011. Below are some ways you can nip malingering in the bud.
Apply standards consistently
In order to make sure employees understand expectations and don’t feel singled out, standards and practices have to be enforced consistently. If you make one employee get a doctor’s note after calling in sick then you need to make every employee do the same. Medical issues are a sensitive topic and companies can get into hot water if an employee feels they’re being treated unfairly due to their health. Consider printing out a guide explaining expectations and having employees sign a sheet acknowledging they received one so there’s no confusion if this becomes an issue.
Ask for proof
If an employee is having bad enough medical issues to miss work then they should see a doctor to find out what’s going. Getting sick for a day isn’t uncommon, but when a medical issue regularly prevents an employee from working, something needs to be done. It’s not unfair for an employer to ask for documentation of the problem.
Knowing ahead of time that proof will be required when they come back to work will help deter malingering and prevent excuses about why they couldn’t provide proof. Even if you trust the employee, always get documentation for company records and to ensure consistently applied standards.
Be accommodating to employees needs
Even if you suspect an employee is malingering, be open to accommodating their needs. If they are malingering then they’ll lack excuses for not working when the company shows it’s ready and willing to work with them. If they’re not malingering then the company will have already done the right thing by creating an accommodating and inclusive environment. Making it tougher for employees to excuse their lack of work actually makes it easier for employees with genuine issues to work.
Be patient whether they’re faking it or not
Determining if an employee is malingering can take time. One of the most famous cases of malingering is the 1927 Bruneri-Canella. Brunei, a petty thief and con-man, pretended he had amnesia and was mistakenly identified as an Italian professor that went missing in World War I. The thief kept up his charade for years even pretending not to remember his family despite them identifying him. Eventually a court determined he was faking it. Patience is needed because if an employee is faking it, eventually they’ll be caught, but if they’re being honest, rushing to judgement is a big mistake.
When an employee continues to claim they’re having medical issues, but you suspect something is off, contact a private investigator to look into the matter. It’s never fun to accuse someone of lying, but it’s a lot less fun to lose money to a scammer. Private investigators will be able to quickly find out if the employee is malingering or genuinely having problems.