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It is often difficult for an employer to undertake an investigation and then follow through and terminate those employees who the investigation reveals to be "guilty". However, in my professional experience, employees who commit theft, fraud or embezzlement do not stop with one act of wrongdoing. These employees usually do not alter their future behavior, no matter how remorseful they may be when discovered and no matter how compelling the circumstances. To prevent future incidents of economic harm, mannerly, but firm discipline of these employees is always the best course of action.
One of the difficulties employers face when confronted with evidence of workplace theft or embezzlement is that their right and ability to investigate the facts and circumstances surrounding the incident are intertwined with the myriad of rights and protections conferred upon employees by federal and state laws.
The employer's use of polygraph tests, drug tests, credit checks, video cameras and monitoring devices is expressly conditioned upon the employer following one or more federal or state laws such as The Employee Polygraph Protection Act, the Fair Credit Reporting Act, the Americans with Disabilities Act, state Workplace Drug and Alcohol Testing Acts, etc.
A.P.I.A. can help assist you and your company on the right legal steps and direction to follow. Our company is prepared to initiate a legal and ethical investigation that might include polygraph examinations, interviews, audits or covert surveillance. Simply call or email for more information.
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