Texas State Approved Online Defensive Driving - Employee Theft Investigation - A Practical Guide
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Policies and Procedures - Have a written policy on disciplinary action if an employee is stealing.
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Clearly define the theft. Sure, we know that when we see it, but sometimes people see as a "loan". An example of such a policy statement to define the theft as "The unauthorized removal of the tangible and intangible assets." Warning not to use the word theft. Theft requires intent. Effects for the completion of its intention is not a problem. For trial, which is the crux of the allegations.
Communicate across the political orientation of new hires. Posters, newsletters, and blogs can help strengthen a gentle message. Make sure that all levels of society are linked to the policy of senior management.
Keep in mind that the precedents established with any termination. Ensure consistency in policy implementation. Management must set the tone and lead by example in matters of policy. If a manager takes a laptop computer so your child can do a PowerPoint presentation in class, why can not make any employee?
If there is not a formal department of internal investigations conducted by the formulation of a plan (in writing) which began an investigation and that it manages. Have a written policy on searches of vehicles, personal items such as backpacks, briefcases and backpacks.
Have a written policy regarding the refusal to allow a search.
Employees seeking
Warning! The ability to find someone (anyone) is a vital right for every business, but this should be considered very sensitive. Put in the position of the person being sought to understand the feelings of the process. There are many scenarios to justify the need for search, but this discussion will focus on workers and the implementation and management of the procedure.
Bag checks are common and must be accepted by the employees if you place and concerns addressed. If a company adopts a policy of requiring employees to submit to the pursuit of policy and procedure should be investigated with Human Resources, Legal, and Management. There are five rules that must be considered when formulating the policy:
Definition of "search."
The searches are limited to anything outside the body. This includes bags, backpacks, brief cases, handbags, bags, etc. Do not touch anyone in the process. Do not search or undress. (yes, it happens).
The policy is in force for all levels of employees, including (especially) Management.
The consistency of the policy. Under what circumstances will be carried out a search?
Who has the authority to search?
Policies are only as good as people apply. Do not assume that a written policy created a written policy understood. Consistency in the application is the key. If, for example, there is a security person at the door and all employees are open to arrest and everything that they are carrying, including the president of the company or owner should. There must be a clear definition of how a search can be conducted. Which is defined as someone who can dig through it means a bag or a mere visual inspection is allowed? This is very important. A metal detector is suitable? If so how do you handle the activities?
Even with the best written policy from time to time someone is denied. These denials do not necessarily mean they are in the act of robbery, but they can be volatile situations, however, that can increase unnecessarily if handled improperly. What disciplinary action is available for an employee refuses to comply with company policy?
Unless there is a very compelling reason for not allowing the employee to leave if they refuse, then let them leave. First, however, one possible solution is to call a supervisor to remind employees of the policy. When the supervisor comes a discussion between the employee and the supervisor must be taken in an area that is as private as possible it could simply be to one side. If the employee continues to refuse to follow company policy after a quiet but firm discussion with a supervisor, and then allow the employee to leave. People who try to search should document the incident, whether it is possible to retrieve video and turn the matter to which the disciplinary action. If you have other witnesses, obtain their statements, too.
More points to consider are: What if something is discovered to actually perform the search? It is the discovery of drugs such as marijuana, a firearm or covered in the scope of the search? How are those handled? What if the search reveals something that is suspected of being of value to the company? What are the steps?
Controls
Audit of its own policies and procedures. These should be performed regularly and without notice.
Look carefully at everything that involves cash or other negotiable items. There should be a series of checks and balances in place to detect problems. Bank deposits are particularly vulnerable.
How are deposits controlled? Is there a notification if the bank deposit is a short or missing?
Notice to be someone other than the person who deposited the money?
Is there a review or notice of deposit to guarantee the deposits are made daily?
Is there a requirement that the deposits were made during the day only? This helps prevent employees from faking a robbery and stealing money.
It is the garbage disposal? Dumpsters are good places to hide the property only to return later and take it. How do you know what is in garbage bag? Tie the knot different.
If a company is not active, such as a laptop, there is a registration number and name of the product available.
Research
Warning! If a professional is involved, the research department, a private investigator, or simply a management or supervisor, the investigation of an employee for any reason is very serious. Researchers who have experience in internal affairs should be the first choice to conduct the investigation. There are companies that specialize in investigating white-collar crime that are available. Police departments are generally not equipped to properly investigate most of the thefts internally because they do not have the time to learn the inner workings of a company. They are definitely a resource to be used but will always be the conduit for the prosecution.
Immediately conduct a thorough investigation and if you learn of a theft. Document all research efforts.
Investigations are "sexy" to others. Remind everyone interviewed, not even a suspect, that the matter is confidential. Create a confidentiality agreement for signature, if possible. TIP: Employees often claim defamation after investigations. Keep all confidentiality agreements on notice about the sensitive nature. There is no real way to keep people talking about the investigation, but as long as researchers and management to maintain its confidentiality, the risk of a civil action is low. The termination should be possible if an action is broken confidentiality.
I am aware of a sexual harassment investigation when an entire department was interviewed on the basis of very detailed anonymous complaints. Each person was interviewed privately, and questions comments about or experiences with the department supervisor. The supervisor was fired but not admitted. After a defamation brought against the company. His argument was that people who knew nothing about the alleged activity now knew who was being accused of sexual harassment and that the termination confirmed the allegations. Prize: $ 17 million.
Testing is important. Business records, witness statements, physical evidence or video, should be preserved.
Thoroughly understand the laws on the use of polygraph tests and drugs. The use of the polygraph is governed by the Law on the Protection of Employee Polygraph and remains a viable tool when investigating a loss. If there are reasons to use a polygraph, my recommendation is to ask the police to do so. The employee can refuse that is their right. The results of the polygraph or refusal to undergo a polygraph is not grounds for terminating an employee. The entire investigation should be the basis for termination, not just solely on the results of the polygraph or the refusal to take the polygraph.
My experience with investigations into polygraphs is considerable but the results are mixed at best. I never had an employee refuses to submit to an estimate, however, I would only 95% never appeared. No one who allegedly committed a theft or who is alleged that have carried out a robbery was never found to be true. If a police department conducted the polygraph firstly, that he could not disclose the results. However, when I said they could not erase the employee as
a suspect, that in fact they gave me the results. Then conducted our own polygraph and, of course, has same results. Termination was based on a complete investigation. The polygraph is not the time but rather was a barrier to the findings. Failure to protect the assets of the company was common to talk upon termination.
Interview
Interview and interrogation is an acquired skill that is a mixture of recognizing body language, knowing that does not allow an offender to the top, be patient and know how and when to ask questions. There are two companies that offer instruction and training on conducting such interviews. WIcklander and Zulawski (www.wz.com) and Reid (www.reid.com). If the interviewer is unable, at least, should have established procedures for the rules to guide the non-research staff. The realization of "cold" that a series of interviews of people who are interviewed in the hope of obtaining an income, not for the novice. In other words, research must produce sufficient evidence and information to point to the real culprit (s). There is comfort in knowing what you know.
Here are some guidelines that must be considered. Be said that, regardless of skill level, extreme care is required of all interviews for research.
Interviews can be conducted with or without a witness present. Women workers should have seen this woman. A witness must sit outside the peripheral vision of the person being interviewed. The witness should not be an active part of the interview, but should take notes. If the employee diverts their attention to the witnesses to speak to them, simply redirect calm returns to the interviewer.
Be prepared. Create a description of how to present his case. They have their documentation and testing and preparation.
Props. Examples of objects: the bulk of file folders with labels such as "theft of Research John Doe" or videotapes with similar labels. A property is intended to give the interviewee the impression of evidence against him. My recommendation: Do not use. If your research has no merit alone then maybe the decision to talk to the employee should be reconsidered. Props to leave the theater.
Document the time of start and end of the interview and report on any offer of a rest for the use of a bath or drink even if it is rejected. Document the time of tenders and the acceptance / rejection.
Provide the employee a document acknowledging that you can stop the interview at any time and are free to leave at any time. They have to sign the document for your records. Do not put yourself between the employee and the door.
The most difficult part of an interview may just be starting. What do I say? If necessary, write a script and keep your hand as if giving a speech.
Being well aware of the duration of the interview. If an admission that has not been done in an hour, then it is unlikely that any will provide a discussion. It is important to understand that this does not mean that there is a standard length of the interviews suggest that neither precipitation is important. Simply keep in mind that the employee should never be given the impression that they will sit there until you confess or do not have the option to end the interview. However, my experience of more than 1,000 interviews for example tells me that is an hour at the edge of a reasonable period when interviewing someone and not have income.
There are pros and cons for taking notes. Respondents tend to be distracted when they find something written by someone. During the interview, try not to take too many notes. You return to the revenue later.
Audio or video recording of an interview is dangerous territory. If done, must be the full recognition and approval of the interviewee. I have an interview recorded in my career and was a witness, not a suspect.
Being aware of the lateness of the interview. Not be the only people around the building at 11:00 PM. Be aware that if the worker said he had an appointment and can not stand you may have to reschedule.
NEVER offer to negotiate the termination or prosecution. Do not offer if you just try not to "tell the truth or whether it just made the payments for loss" everything would be okay. " Do not make statements implying that the investigation will make the morning news (perhaps) if you do not admit the allegations. Do not threaten to fire them if they refuse to take a polygraph.
Do not allow the interviewee to conduct the interview by demanding to take a polygraph. They can do that on their own if they wish, but it is not their decision as it relates to company business.
Show me the video! There is no obligation to show any video of the interview test. Note: If you say you have, make sure you do.
Employees have a hard time using the word "stealing, theft, intentionally lied." Instead they use software such as "taking, provided, error, misleading." Efforts should be made to clarify that they knew what they were doing was a robbery. While they were going to pay the money later, they were not authorized to take the money and do not belong to them. It is theft.
Expand the interview to understand how or where they learned he had the idea to do this. Sometimes employees are influenced when they see others do the same. This is especially true when a member of the leadership steal.
Obtain a written statement about the employee who committed the robberies. Request that includes the consequences of any other persons involved in the robbery. Ask them to be very specific about the allegations. They have dates, times, circumstances, and the property involved.
The conclusion of the interview should result in a written statement voluntarily. It must be written in the person's own handwriting and signed by the witness as well. Paper times start and end of the drafting of the declaration. Obtaining a written statement is important, but is leaving the issue open to question the validity of the content. If at the end of the statement, which was left important facts or information, you may ask to write about it. OK, how the statement is written, bad writing, bad grammar, spelling and all.
Finally, we should not read his Miranda rights, unless they are interviewed by law enforcement.
Completion
Terminals for theft should not be handled in a manner different from any other termination of the facts. Completion is based on an established policy and procedure. Sometimes, however, theft is considered on a scale of value. Example: A bottle on a table was set up to collect money for a charity. An employee who need lunch money, stole (was going to return the next day) $ 2.00. The money was not property of the company, but the employee finished anyway. The theft of anything causes of loss of confidence and can not terminate a dangerous precedent.
Consult your lawyer or the Legal Department with respect to its investigation. Ultimately, they will have to defend the actions of the company when it comes to that. Nothing can prevent someone from filing a civil lawsuit. The most important thing is that actions are defensible in court and that the plaintiff did not prevail.
Consider ending the use of "Violation of Company Policy" in the theft. It is easier to defend because it does not require intent or suggested.
Industries that employ young people are very aware of parents in the termination of his son. If the child is an adult (based on the definition of State of adults), then the parents have no right to know anything about the actions of the employer. A minor parents have no "rights" which requires a company to analyze the employment of his son or any action taken. However, discretion is sometimes the best way and the case is discussed. What do you know the parent is often very different from the truth. Consult your lawyer before releasing any information.
Dealing with parents, guardians, spouses and friends is sometimes difficult. The hard fast
rule is that a company should not discuss with anyone inside information. Minor children hate
prospect of telling their parents who were fired for stealing, and therefore, information is withheld or watered down. There are times when I read the statement of the employee to the parents by telephone and, in most cases, and was surprised that is the end of the conversation. There are other times when parents are hostile and demand copies of the records, statements, and video and threaten to sue. I have no obligation to speak with them or disclose the contents of research and usually simply replied advice to talk to his son again, because they are not given any information. Never has taken any civil action because of my lack of communication with parents.
Suspension. Suspension before termination is highly recommended. This serves as a sort of cooling-off period to collect all the pieces of research together for review. While it may be a conclusion that the termination is carried out, remains a good practice.
OTP
In percentage, few employees are actually prosecuted for theft. There are many reasons why, but frankly, it may simply not enough evidence that a prosecutor would want to take the case to trial. Prosecution is rare in the full restoration of the company and if restitution is required, is the return over the life of his parole. Much of the roster will be used to prosecute an employee. Cost must be weighed. The argument is made that the prosecution does not set a bad example. The question we must answer is who knows that were prosecuted and who knows what the outcome was. It is not research?
OTP has a value but it is a business decision. Consider the following carefully to make that decision.
In most cases, call the police immediately is not necessary. While it may be more dramatic, there is no need to send someone to the door in handcuffs. It is better to make research and take it to the local police. Do not rush this part of their investigation. The criminal process is not as portrayed on television.
His case can be well documented, but the prosecutor may decide to plea bargain the case to a lower cost. Is out of your hands. His case may languish in the system because it is not a priority.
Loss of a criminal case may lead to a civil action based on malicious prosecution. You can have a confession for $ 1000, but it may only be $ 50. Charges may be accepted only on demonstrable $ 50.00.
Restitution and Civil Restitution
Restitution is an available option in any case. It is simply the employee is in agreement with what they stole back. Civil restitution is available in most states. Civil restitution is allowed, in general, through a civil statute, which basically said that a company can seek civil damages for the time and effort needed to investigate the incident. Every state has enacted what is known as the civil suit, has a range of damages that can be asked. In Texas, for example, damages up to $ 1,000 can be sought against one adult and up to $ 5000 against the parents of a minor. The monetary value of the theft is irrelevant. What is important to know is that restitution is a civil procedure. In essence, an employer may ask the trial, full restitution, and then file civil restitution. Check with your attorney about this and how to pursue this aspect. Regardless of the method chosen must have a written policy in place to adequately cover the practice.
If you try, you will receive restitution through the courts and for the courts as to the amount (if any) for payment and the amount of time to pay. If the prosecution is not then the return must be agreed and a promissory note must be created. I recommend a one-year period with equal payments every month.
Check with your attorney or human resources department and discuss how an employee may voluntarily waive final pay, vacation pay, profit sharing or other sources within the company for a refund. A document must be created, allowing the employee to use those funds for restitution. The form must be signed but need not necessarily to be notarized. This method provides the greatest opportunity to recover from a robbery.
After the action
This is the part that is often on the sidelines of an investigation: the analysis of root causes, or what happened and why we did not catch it before? Prevention is the key and connect gaps in their current way of doing business is a challenge. Prevention efforts will be successful about 80% of the time. A component of prevention is the fear of detection. It's the old question of who would steal a million dollars if no one knew who did it. Some people will never steal. Some steal if given a chance, regardless of the possibility of detection. Group fears that middle managers who are outside. This screening process should be in place through rigorous monitoring of controls, policies and procedures. The arrest of an employee is the result of a failure somewhere along the way. Note that all procedures are written with a perfect world in the proceedings, but never followed correctly 100% of the time. Employees take advantage of the systemic weakness and human error. You can not have one without the other.
Review of each piece of the chain of events in connection with the robbery. Remember ... you asked the employee how this happened. Make changes, but try not to go overboard and put safeguards in place that are beginning to hamper business.
Secrets to a successful employee theft Research
Even the most sophisticated financial crimes is limited to one thing: some "rule", whether political, procedural law, act, or note on the time clock has been violated. While this may be too obvious, is important when it comes to the time of the interview. Stating that the employee understands the proper way to conduct their business will be the cornerstone of all actions. While pretending ignorance can be offered, it is extremely rare that the person did not know they were in violation, especially when it comes to theft. Researchers sometimes miss this great opportunity for discussion. The employee should be encouraged by the fact that they know how things are done properly and can recite it almost verbatim. However, it is a trap without realizing it, because his research showed that may have eluded them for protection. This method to dispel any notion of a lack of training.
The most important facet of an investigation is to learn what you do not know. His research can reveal all sorts of incriminating evidence, but that is what took place and it is likely that several events have not occurred. Too often, an employee is given a file and said "Tell me about this." What's the next question if the answer is "I do not know." The fruits of the research will extend far beyond what is called the interview process if handled properly. The smallest admission of theft is the beginning of an interview that ultimately merely confirms what we already knew. The success of the interview always wins over what is known. The art is knowing how to get that information.
The idea that the interviews and interrogations are mixed and arrogant is untrue. Professional investigators and hold a conversation with humor. It is not about the words spoken, but more about the body language. The investigation of crime of any kind requires training and experience. Evidence is not very difficult, but the success of the investigation ultimately links to the individual events. In cases where admission is not done, one must be prepared to act in the same test. An accusatory interview / interrogation will be a disaster if the employee returned to work. Do not rush into an interview without knowing the facts.
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