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.
Investigate
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.
For several decades, animal rights organizations have provided a voice to the animals that couldn’t speak up for themselves. The fight against animal cruelty is ongoing, and despite new regulations, many animals are still kept in abusive conditions worldwide. One of the best ways to catch the offenders and put an end to the cruelty is by gathering video evidence of inhumane situations. Many of these animal rights organizations have begun hiring private investigators to do surveillance on locations that have been rumored to be abusive.
A Voice for those Who Have None
In 2009, TIMEran an article about a private eye who went undercover at a hog farm. The investigator, who went by the name “Pete”, gave up his dream of becoming a cop and left behind his family and friends to pursue a career as an animal rights investigator. His account of the farm and the ensuing court case were featured in an HBO documentary called Death on a Factory Farm. Thanks to his video evidence, Pete has been able to uncover horrible conditions at farms and factories of all kinds throughout the country. According to him, the worst was chicken farms, where barely living hens were tossed into the trash after having their necks broken.
Farms aren’t the only places being targeted by investigators and organizations alike. The Ringling Bros. Circus and People for the Ethical Treatment of Animals (PETA) have been in an ongoing battle over claims of animal abuse. PETA has launched its own investigation into the circus, documenting video footage of circus staff beating elephants and gathering witness accounts from past circus employees. Aquariums and zoos have also been in the news after documentaries like Blackfish brought abuse at SeaWorld to the public’s eye. Zoos, kennels, and even private homes are also hot spots that may require an investigation.
Doing it the Right Way
Often, the people who look into these claims and infiltrate businesses aren’t investigators at all. And when someone who’s inexperienced in the field of investigation goes undercover, there’s the potential for serious consequences. Consider the story of Taylor Radig, an animal right’s activist who went undercover at a cattle company in Denver, Colorado. Radig was a contractor for Compassion Over Killing, an organization dedicated to uncovering and preventing animal cruelty. Her investigation was centered around gathering video evidence at the cattle farm. During her time there, Radig witnessed workers pushing and shoving day old calves, a clear sign of animal abuse. Once she presented authorities with her proof, those workers were charged with cruelty to animals. However, Radig soon found herself charged with the Class 1 misdemeanor as well, because she had neglected to report the abuse as soon as she had seen it.
Taylor Radig isn’t the only person to be charged with the very abuse she was trying to prevent, and she certainly won’t be the last. Some states have laws that require cruelty to be reported immediately, and those who view it and fail to tell authorities in time are just as guilty as the offenders. That’s why it’s important to hire someone who is experienced in the field. Even Pete, the private eye who investigated the hog farm, was unlicensed at the time of the article. He and others like him run the risk of criminal charges and lawsuits if they get caught, and the evidence might not hold up in court as well if it was obtained illegally.
For these reasons, several animal rights groups have decided that simply having an organization member go undercover isn’t enough. These groups are dealing with big companies, and investigations require careful planning that are performed according to the law. Hiring a licensed, experienced investigator who is familiar with the law can ensure that this video evidence is collected in a safe matter. After all, a court battle involving an amateur investigator takes away time and attention from the true victims here: the animals.
Hiring a new CEO, CFO, or COO can be a long and arduous process for many corporations. Sometimes, it’s easy to overlook risks in a high-ranking executive or trust dishonest information. Before making a decision, corporations should consider hiring a private investigator to perform executive background checks of a potential corporate officer. Doing so can stop an unscrupulous individual from tarnishing a company’s reputation and prevent possible litigation for negligent hiring.
Risks to Consider
Do you know if the candidate has a criminal record? Do they have a good reputation among other businesses in the market? Past mistakes aren’t always a deal-breaker, but they can provide some insight on a person’s character and ability to perform in a high-ranking position. Individuals will go to great lengths to hide their offenses or lie about themselves. A DUI may be an indicator of someone who has had a substance abuse problem, or a record of domestic violence could suggest a history of anger problems. A bad credit report could be a sign of future embezzlement problems. Some of the most common red flags that an executive background investigation should uncover are as follows:
DUI/DWIs
Domestic violence arrests/restraining orders
Bankruptcy
Arrests/convictions
Bad bredit reports
Theft/fraud
Reasons for leaving past companies
There have been several cases of executives who lied about their credentials or fudged their resumes. Consider the case of Scott Thompson, once CEO of Yahoo!, who lied about having a computer science degree. Or take note of Marilee Jones, Dean of Admissions at Massachusetts Institute of Technology (MIT), who never earned any of her supposed degrees. These people are able to get away with dishonesty because no one had thought to question them in the past. It’s easy to look at a candidate’s job history and assume that the other big companies they worked for had already checked their credentials, but clearly that is not always the case.
Too often, executives are able to hide these red flags for years until they are discovered by an investigative reporter or through someone within the company. A corporation that hires a shady CEO can face public embarrassment and loss in shares. In 2002, shares for Veritas SoftWare Corp. dropped 20 percent after it came out that their CEO had lied about his education. Thefallacies that jeopardized these corporations’ reputations could have possibly been prevented if a comprehensive executive background investigation had taken place.
Hiring a Private Investigator
Most basic background checks will uncover things such as names, addresses, past employers, and a criminal record. It may be tempting to perform a Google search of a candidate and call it a day, but this will only give you a very general outline of a candidate and won’t always be accurate. Nowadays, people have become more aware of their presence online and have found ways to cover things up. An online search won’t turn up as many results as an investigation will, either. Many official documents and records are not available publicly online, and some states have different laws regarding arrests and offenses. Hiring a private investigator to check out a candidate’s background can uncover information that an online search cannot. A typical executive screening may include a search of:
Employment history
Criminal records
Driving records
Education
Civil history
Executive background history investigations will provide corporations with a detailed report of a CEO’s character and work ethic before a hiring decision is made. An experienced private investigator knows what to look for and where to find it, in an ethical and legal way.These investigators will work with companies to provide an in-depth assessment of a potential executive’s background and ensure that a company has a clear view of the person they are hiring.
All over the country, immigrant workers spend hours harvesting the very fruits and vegetables that we put on our tables every day. However, many of these women face more than sore fingers and a blistering sun on the job. Verbal and sexual assault run rampant in the fields, and unfortunately the majority of these cases go unreported by the victims. When a report does come out, it often gets dismissed due to lack of evidence. Corporations in the agriculture industry that suspect sexual assault can hire a private investigator to conduct an internal investigation of the allegations.
Pressured by Power
In May of 2012, Human Rights Watch (HRW) released a 96-page report detailing the workplace abuse that farmworkers have faced and bringing to light the stories of those victims who had kept silent for so long. According to the report, women farmworkers are most often threatened by men who oversee them, and who are in positions of power. One particular worker was quoted in the report, stating:
“For me, it felt like an eternity. I wanted to scream but I couldn’t. Afterward, he said I should remember that it’s because of him that I have this job, and if I say anything, I’ll lose my job…. I was afraid to call the police, to do anything. I didn’t know what to do. My mind was completely blocked off.”
Nearly all of the workers interviewed by HRW reported being victims of sexual abuse at work or knowing of someone who had. Other victims shared similar stories, with supervisors bribing them with money or threatening to fire them if they spoke of the abuse. Although workplace sexual harassment appears to be commonplace in the fields, it is incredibly hard to pinpoint the amount. Many of these women do not have a choice and worry that they’ll lose the only source of income their family has. For some, sexual harassment has become part of the job.
A Growing Problem
Despite the efforts of organizations like Human Rights Watch and the Center for Investigative Reporting, the sexual harassment female farmworkers face still continues. Those who work in agriculture already face challenges such as low wages and long hours, so victims of abuse fall through the cracks. Thanks to these organizations and the women they spoke to, many more victims are coming forward. Even so, the allegations rarely result in justice, with most cases being dismissed or left up in the air. Farmworkers often do not have the funds to afford an attorney, and many of the cases lack physical evidence needed to convict the accused.
Consider the case of Evans Fruit Co., one of the largest suppliers of apples in the United States. A supervisor was accused of assaulting several women, including a 15 year-old girl. Both the victims and the supervisor had conflicting stories, but the company won the case in the end. In most cases such as this one, the alleged abuser is a repeat offender that won’t stop until he is caught.
Importance of Internal Investigations
Companies have begun to provide training on sexual assault to ensure that their workers understand their rights. However, many corporations hire farm labor contractors that oversee the hiring of workers and the harvesting of crops. The recent Supreme Court case Vance V. Ball State University has made it more difficult for employers to sue the supervisors that are abusing their employees. Many of these businesses are unaware of the abuse, thus tarnishing their image and resulting in a loss of employees.
Conducting an internal investigation of these allegations can help large companies weed out abusive employees and protect the innocent, as well as prove the legitimacy of these claims. Sexual harassment can be a difficult and emotional experience for everyone involved, which is why it is important to hire a professional investigator. Too often, these claims are not investigated deeply enough and as a result, seem to be unfounded. Thomas Lauth, CEO and founder of Lauth Investigations International, Inc., understands the importance of sexual harassment claims and the damage they cause to both the victims and the employers. The experienced private investigators at Lauth Investigations International, Inc. will work closely with your company in a thorough and professional manner.
Conduct audits quarterly. Even in the best run companies, mistakes happen. Regular audits help control the checks and balances.
Routinely review returns, financial statements, journals, etc. Ensure all the proper information is filled in completely. Never be afraid to ask questions and control the response time to answers.
Be knowledgeable of every facet of your business better than your most experienced employees. Never act like your too good for any job. Take time to work side by side with your employees frequently at every job position.
Make it a practice to always be the one to sign the checks. Never hand any employee a blank check (even someone you trust). Understand that everyone goes through hard times. Simply provoking opportunity leads to disaster.
Follow your gut. If you believe something is wrong, you’re probably right. Don’t wait too long to investigate for information is often subverted shortly after a theft.
