Your Initial Considerations For Detecting Dishonest Employees

When it comes to detecting dishonest employees, companies and organisations can be reluctant. Reluctant to accept there is, or will be dishonesty in the workplace. I have advised that this becomes a senior management agenda issue. I also commented on approaches to prevent and disrupt dishonest employees.

What avenues are available when you identify a dishonest employee? There may be a different approach for a criminal issue such as a theft or fraud to that of an HR issue of long term false absenteeism, bullying or harassment and potentially a different view with the regular issue which I see where an individual has stolen information, usually data or a database and left in breach of the contract and is using that data whilst working for a competitor or having started their own business.

Should You Involve The Police?

It may be the preferred method to involve the Police in a theft or fraud, drugs in the workplace or drink driving allegations and they may assist with your investigation. They have no requirement to assist in the HR issues and highly unlikely they will become involved in a theft of data, citing this as a civil internal issue.

Notwithstanding the difficulties in the Police investigating criminal offences in the workplace there are many occasions where they and the company are reluctant do so. You may need to establish further evidence and the company may wish for the investigation to be kept ‘in house’ with the intention of a ‘quiet’ dismissal being the resolution sought.

How then does the employer gather evidence to confirm the dishonest employee?

How To Gather Evidence Against A Dishonest Employee

Within the private sector there are a range of investigation avenues available. Including the use of Solicitors, HR support and private investigations. Investigative tools can all be conducted lawfully by external suppliers. There are clear methodology, procedures and legal frameworks to adhere to. But investigations into dishonest employees can be swift, dynamic, thorough and proactive.

What is the purpose of the investigation? To build a complete file of evidence to hand to the Police. To find sufficient evidence to dismiss the individual. Are you seeking evidence for a civil recovery of the value stolen?

Whether the dishonesty is criminally based, or HR based the investigative routes are the same.

An employee long term falsely absent from work. A surveillance operation to show their movements and activities to confirm they are ‘skiving.’ Fraud within a business: a computer forensic investigation supported by interviewing of employees and a suspect. Theft of data by an employee who has just left your company: surveillance operation to show where they are going, who they are associating with and their complete movements. This can be supported by a computer forensics examination of their company laptop and mobile phone. Disturbing notes left at a colleague’s workstation: consider a handwriting examination.

All such investigative capabilities are lawful. There are some slight variants when investigating in the Public or Private sector but the process is the same.

Evidence Is Key When It Comes To Detecting Dishonest Employees

The reality is that the majority of investigations are conducted in house, usually by HR. But, consideration should be given to using outside legal or investigative support to gather primary evidence.