The U.S. Department of Justice (DOJ) started a new corporate whistleblower test program on August 1, 2024. The goal of the program is to make businesses more open and responsible. This program is meant to get people to report wrongdoing at work by giving them money if they do. People who give information can then lose a lot of money and be successfully prosecuted.
The Money Laundering and Asset Recovery Section of the DOJ is in charge of the program, which will last for three years. If it works, the DOJ may make changes or add to it. The main goal of the program is to improve white-collar crime prosecution by filling in gaps in present whistleblower systems. Companies need to be aware of this new development and make sure that their investigations at work follow the new rules.
How the Corporate Whistleblower Program Works?
The DOJโs corporate whistleblower program provides whistleblowers with an opportunity to earn monetary rewards for information that leads to criminal or civil enforcement actions. The program covers cases where a whistleblowerโs tip results in forfeitures exceeding $1,000,000. The potential awards are substantial, offering up to 30% of the first $100 million in penalties collected and 5% of additional penalties, up to $500 million.
This financial incentive could increase whistleblower complaints being made directly to the DOJ or through internal company channels. Companies receiving such complaints should act quickly. They have 120 days to self-report any issues brought up by internal whistleblowers to remain eligible for more favorable treatment, such as a potential declination of prosecution.
Lauth Investigations International: Ensuring Compliance and Effective Investigations
Partnering with Lauth Investigations International can help companies meet the strict federal, state, and local regulations governing workplace investigations. Lauth Investigations is known for its expertise in investigating issues like whistleblower protection, threat & violence, and other sensitive workplace matters. By leveraging their services, companies can ensure they remain fully compliant with Equal Employment Opportunity (EEO) laws and other relevant regulations.
With Lauth Investigations on your side, companies can implement thorough workplace investigations that protect the rights of employees while safeguarding the company from potential legal risks. Their expertise in handling investigations related to whistleblower protection helps ensure that any reports of misconduct are addressed quickly and effectively, providing peace of mind for both employees and employers.
Why Companies Need a Strong Whistleblower Program?
The DOJ’s new corporate whistleblower program adds more pressure on companies to have a solid whistleblower policy in place. A well-structured program allows employees to report misconduct anonymously, providing a safe and non-retaliatory environment. To comply with DOJ guidance, organizations must focus on four key areas:
Effective Reporting Mechanisms: Employees should be able to report anonymously or confidentially without fear of retaliation.
Properly Scoped Investigations: Investigations should be conducted by qualified professionals to ensure fairness and thoroughness.
Investigation Response: Organizations must act swiftly after receiving complaints and take appropriate corrective measures.
Resource Allocation: Companies should allocate adequate resources for investigating complaints and tracking the outcomes to ensure no issues are overlooked.
Enhancing Whistleblower Programs with Lauth Investigations
To comply with the DOJโs new whistleblower program, companies need to enhance their current whistleblower policies. This involves setting up reporting mechanisms, such as hotlines, and training employees on how to use them. By partnering with Lauth Investigations International, companies can ensure their whistleblower programs are compliant and effective.
Lauth Investigations helps companies develop whistleblower programs that include clear policies on whistleblower protection and ensure employees know how to report misconduct safely. They also assist in creating a company culture that encourages transparency and supports employees who come forward with important information.
The DOJโs new corporate whistleblower pilot program marks a significant step in encouraging transparency and accountability within corporate America. As the government continues to provide financial rewards to whistleblowers, companies must be prepared to handle an increase in workplace investigations. Failure to address whistleblower complaints adequately could lead to legal challenges and damage to a companyโs reputation.
By partnering with Lauth Investigations International, companies can ensure they comply with the new DOJ program, protect their employees, and uphold a culture of integrity. Lauth Investigations offers comprehensive investigation services to address whistleblower complaints, ensuring companies meet all federal and local requirements. For more information on how Lauth Investigations can help your company, visit Lauth Investigations.
From our base in the heart of central Indiana, members of the Lauth Investigations team periodically find ourselves heading out to support a diversity of corporate entities as they navigate a workplace discrimination investigation. For any business owner โ be their enterprise small of vast โ the idea that workplace discrimination might be festering is a dreaded one indeed. Under such circumstances, our dedicated private investigators are poised to help.
We all want to know that our employees feel valued and welcome, and that HR compliance is ever top-notch. However, despite the best of intentions, getting caught out by a workplace discrimination complaint is not uncommon. In these moments, what truly matters is navigating the necessary investigation that follows with diligence and integrity. Expert private investigators can provide just the skills and experience required to ensure that your investigative process doesn’t miss a beat, that justice is done, and that the reputation of your business is upheld.
The Many Forms and Faces of Workplace Discrimination
Working to help organizations in Indianapolis and further afield ensure best propriety practices, we do sadly encounter discriminatory behavior in many different forms. Fundamentally, workplace discrimination means curtailing career opportunities or negatively impacting the professional life of an employee or colleague based on their color, race, religion, national origin, age, sex, handicap, or marital status. While some workplace discrimination may be very much intentional, at other times, perpetrators may even be unaware that they are acting inappropriately or breaching conduct protocols.
Whether innocent or not, workplace discrimination can fall foul of both Federal and State employment and labor laws, meaning that consequences can be serious for perpetrators and their superiors alike. When driven by discriminatory factors, what might workplace discrimination actually look like? An individual being discriminated against may find themselves at a disadvantage in terms of salary, professional opportunities, or working conditions. They may experience harassment or victimization, and may be denied legally protected rights or be subjected to retaliation if they complain.
Remaining alert to indicators of workplace discrimination is vital for any organization, as is understanding the letter of the law. Title VII of the Civil Rights Act of 1964 protects all individuals against workplace discrimination on the basis of religion, sex, national origin, race, or color. The Americans with Disabilities Act of 1990 safeguards the rights of individuals with disabilities, while the Age Discrimination in Employment Act of 1967
protects those over the age of 40 from age-related discrimination.
Advantages in the Decision to Hire a Private Investigator
Because of the gravity of workplace discrimination complaints, the decision to hire a private investigator can offer a multitude of protections and assurances. Self-conducting internal investigations of this nature can put a heavy strain on those who work alongside both the complainant and accused. This can lead to emotional fallout, a negative impact on team performance, and difficulty in ensuring the impartiality of conclusions drawn.
In contrast, an experienced investigator, seasoned in meticulously gathering evidence and questioning all parties with care and neutrality, can help to provide peace of mind to all who surround a workplace discrimination investigation. They can ensure the integrity of the investigation โ offering guidance that will stand up to legal scrutiny, and even providing court testimony should the need arise.
For an employer of any scale, taking a clear and moral stance while demonstrating the capacity to conduct fair investigations is always a prudent move. Contemporary consumers and professionals alike look first to businesses who are forward thinking, with compassion evident as a core value. While a workplace discrimination complaint may seem like the worst that could happen, any opportunity โ no matter how challenging โ to elevate the way a business operates will ultimately prove valuable. The Corporate Investigations team at Lauth HQ in Indianapolis are ready to serve those in central Indiana and far beyond. Contact us to learn more about how we can assist today.
Working from home used to only be a dream for some people.
The COVID-19 pandemic has changed the world in many significant ways, but none so illuminating as how the workforce views capitalism and corporate culture. At the onset of the pandemic, most businesses were forced to cease onsite operations in order to comply with the stay-at-home order. While some employees were furloughed due to the changed economic landscape, other employees had their positions transitioned to some form of telecommunicationโzoom calls, chat boxes, and email inboxes that have become impossible to clean out. Everything has changed, which has left some working people wondering why working from home is an impossibility in an age where it can help change a corporationโs culture.
Working from home can give an employee a better sense of work-life balance. Everyone who has worked a full-time job has at one time or another craved a greater work-life balance in order to maintain their health and happiness. Many Americans across all industries and tax brackets have expressed some desire to work less for a myriad of reasons. Employees who have never had flexibility in their jobs before are enjoying the flexibility of working from the comfort of their homes. While this is not comforting to all employees, especially ones with children who are also in the home and likely involved in virtual learning, the sudden cushion of their own couch underneath them while working from home makes them wonder why this was never possible before.
Corporate culture is the manifestation of the relationship between leadership and their employees. It is sometimes referred to as organizational culture. It concerns how policies and communication from the top of a corporation can directly influence the level of employee engagement and satisfaction at multiple levels of an organization. When a company’s management does not show initiative to improve operations surrounding these types of complaints, it can create a culture of silence & resentment within the workforce. Healthy corporate culture creates a cycle of satisfaction and productivity that both benefits the bottom line and improves employee engagement for a balanced, stream of operations.
The mandate of working from home has placed some companies on notice, as the situation has exacerbated the stress of many in an already turbulent time. As work and life and work continue to pass over each other, braiding themselves into context with one another, employees are starting to expect more care from their employers were regards to their corporate culture.
There will always be businesses and business models that cannot support telecommuting as a way of day-to-day operations. Studies have shown that separating work space from living space, the routine of commute and workday operations, the continued face-to-face contact with other employees and how it impacts daily output. Not to mention that every corporation and team is unique. Every work environment is a complex eco-system in its own rightโinternal structure, policies, how those policies are enforced, leadership, the personalities of all interacting employeesโall of these factors creating unique professional experiences. Working from home continues to recontextualize life for working people, and leadership must use this open window to start investing in their corporate culture audit.
Think of a corporate culture audit like a checkup for your business. An investigator comes into the workplace, interviews employees, reviews daily operations and polices, and how those items are enforced. The investigator looks at all of these factors and how they effect the cycle of corporate culture. The investigator then provides leadership with methods to improve their corporate culture by investing in the happiness of their employees.
If you find your business is in need of a corporate culture audit, call Lauth Investigations International today for a free quote on our corporate culture audit services. Our corporate culture audit can be customized to fit businesses of all sizes and needs. Our private investigators are made up of former military and law enforcement personnel and we carry an outstanding A+ rating with the Better Business Bureau. Call 317-951-1100, or visit us online at lauthinveststg.wpengine.com.
Internal investigations are a tricky and turbulent tide that intimidates many corporations and organizations into staying out of the water all together. Internal investigations can be costly and draw on precious time and resources that are needed elsewhere within the organization. Employees within the corporation or organization might not have the necessary training to conduct a comprehensive, unbiased investigation. However, leadership across the board is beginning to realize that the status quo is no longer acceptable, and must clarify their definition of due-diligence and compliance.
When there are pervasive issues in your corporation or organization, internal investigations are a necessary evil to get to the root of the problem. In recent years, the publicโs interest in internal investigations continues to grow as individuals seek to break the culture of silence that surrounds many industries. This is in the interest of ultimately changing the professional climate that allows abuses and misconduct to occur within the organization. Cultural waves of awareness and learningโlike those that occurred during the #MeToo movement, and the genesis of the Black Lives Matter movementโbring more attention to some of corporate Americaโs most pervasive issues, including sexual harassment, racism, and discrimination. Now leadership is seeking the advice of consultants and risk management experts in order to erode bigoted phenomena from their workplace.
Internal investigations are the first step in solving a pervasive workplace issue. One of the recent viral news stories regarding internal investigations are the stories surrounding The Ellen DeGeneres Show, in which multiple current and former employees have come forward to share their stories of a โtoxic workplaceโ culture that included multiple claims of sexual harassment. Following an internal investigation implemented by DeGeneres, three producers left the show. The Warner Brothers spokesperson who commented was not specific about whether the producers had quit or been fired, but what remains clear is that all men were accused of misconduct. Several former employees have accused producer Ed Glavin of โinappropriate touching, and leading with intimidation and fear.โ Former employees have also accused producers Kevin Leman and Johnathan Norman of sexual harassment. Norman and Leman have vehemently denied the allegations made against them, while Glavin has remained silent on the allegations against him.
The Ellen DeGeneres Show faced public backlash and uncertainty in the weeks following the initial allegations, but their commitment to solving these problems kept the court of public opinion at bay through their internal investigation. Corporations would do themselves a service by conducting internal investigations into repeated patterns of misconduct, but not every company has the personnel to do this. Human resource employees are incredible individuals who help keep a corporation or organization running like a well-oiled machine. They are the gatekeepers who bring a new employee into the workforce, and they are the first line of defense when an employee has a problem in the workplace. While a human resources employee might have a sophisticated degree, unless they have diverse experience in conducting corporate investigations, they may not be equipped to handle an internal investigation. Important facts could slip through the cracks, leads could go unexplored, leading to disastrous consequences for the corporation down the line.
Internal investigations are attractive for a number of reasons. Internal investigators work directly for the corporation or organization in question, and know the ins and outs of the business and can conduct the investigation in the best interest of the corporation. Internal investigations are handled by agents of the corporation and do not have to be mitigated in any way. Most importantly, internal investigations are just thatโinternalโand therefore away from the prying eyes of public opinion. Despite all of the attractive reasons to have an internal investigation, they do not guarantee a protective veneer of integrity that fortifies the end result.
Internal investigations are necessary, but they donโt necessarily have to be internal. Private investigators are completely independent of the corporations that retain them. Though they are paid for their services, it is not in the bet interest of a private investigator to be loyal to anything less than the truth. Complete transparency and integrity are the cornerstone of their business. Therefore, a private investigator is a perfect individual to document internal issues for an organization, because they are inherently without bias and are able to maintain complete objectivity. With Lauthโs corporate investigators on your side, youโll receive the unvarnished reality regarding the internal problems in your corporation or organization.
If your corporation or organization is experiencing repeated instances of internal difficulty, it might be time for a corporate culture audit. A corporate culture audit is a program that examines the internal policies of a corporation or organization, how those policies are enforced, how they effect the employees, and how those employees relate to each other as a result. If the corporate culture in a company is good, that positivity is baked into the internal operations, employees feel valued by their organization, and therefore will remain engaged and invested in maintaining productivity. Pervasive, repeated internal problems may not stem from a single factor, but the entire corporate culture of the workplace. Think of a corporate culture audit like a medical check-up for a business or organization. Lauthโs investigators evaluate the culture from leadership down, identifying the major factors in disruption, and advise leadership on how to improve their business from within. For more information on our corporate culture audit program, click here.
Every corporation needs an excellent in-house attorney to fight complex legal battles in their steadโsomeone 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, theyโre 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 theyโll 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. ย
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.
