Question 1

Sexual Misconduct Investigations

Accepted Answer

Our experts have extensive experience investigating allegations of sexual misconduct. Companies, educational institutions and other organizations employ a diverse workforce, and allegations of sexual misconduct or assault can arise in many different contexts, from misconduct in the workplace to sports-related scandals or student sexual assaults. These kinds of allegations can have profound implications for everyone involved. Issues of physical and mental health, privacy, rights of the accused, retaliation, and criminal and civil liability all hang in the balance. Additionally, in this age of the 24/7 news cycle, hyper-media coverage and social media ubiquity, the way in which reports of sexual misconduct are investigated and handled can impact an organization’s reputation for years to come.

Pallas Consultant's Sexual Misconduct Investigations practice offers the insight of leading experts who have extensive experience investigating allegations of sexual misconduct. We are especially mindful of the unique sensitivities and concerns when conducting these kinds of investigations and are prepared to address each client’s specialized investigative needs. Our team of professional investigators has decades of investigative experience and our mission is to determine credibility, develop facts, and reach findings with independence and objectivity. We conduct investigations with professionalism, discretion, and sensitivity to the legal, privacy, human resource, and other particular concerns of the case at hand.

Question 2

Leak of Information Investigations

Accepted Answer

Helping clients identify the source of a leak so they can respond appropriately. Leaks of confidential information can have devastating consequences for an organization. Unfortunately, as our information networks become more all-encompassing, the opportunity for information leaks expands. When leaks occur, it is critical to accurately identify their source so that the organization can respond appropriately. A leak of sensitive information to the media orchestrated by a management faction hoping to unseat the CEO calls for a different response than a leak that occurred inadvertently due to inadequate information security practices. However, determining a leak’s source is often a delicate operation, requiring the navigation of legal requirements, employee protections and an organization’s internal political nuances.

Pallas Consultant's Leak Investigations practice combines “hard” research, forensics, data analysis and cyber security expertise with equally essential “soft” capabilities in interviewing and understanding individual and organizational behavior. The result is a multifaceted approach, iteratively gathering information and refining hypotheses. We have helped companies around the world identify internal perpetrators, infiltration by external parties, accidental leaks through employee error and cases where the “leak” did not involve a breach, but rather a third party piecing together publicly available information.

Drawing on those insights, our extensive experience and knowledge of global best practices, we then work closely with the organization’s general counsel and leaders of information security, human resources and other functions to identify vulnerabilities and design solutions that range from installing monitoring software to strengthening policies governing employee social media accounts.

Question 3

Investigation Support

Accepted Answer

In addition to conducting investigations for our clients, Pallas Consultants also provides second opinions, oversight, and support for internal workplace investigators and their counsel as they conduct their investigations. We ensure your investigations are legally defensible, well-reasoned, and sound. This supporting role can include:

•     Helping your internal investigator develop an investigation plan
 •     Drafting interview questions
 •     Assessing evidence
 •     Fielding concerns or uncertainties that arise
 •     Advising on unexpected developments or complications
 •     Guiding the report writing process

This service is particularly valuable to internal workplace investigators who may not have experience dealing with complex investigations, and to teams of internal investigators who wish to optimize and standardize their practice across their organizations.

We also provide tactical training on the investigation process for your internal workplace investigators. In addition to this training, we can review your existing communications and training programs, and make recommendations that will support your policies and investigative process.

Question 4

Employee Asset Misuse

Accepted Answer

As an employer, it is critical that you learn how to delegate and trust others with your company, proprietary information, intellectual property, and trade secrets. Whether big business or small business, entrusting employees with any private details is a leap of faith. Even when you have done due diligence and hired the best people you possibly can, employee asset misuse can still occur, and it can take several different forms:

•     Using company funds for personal expenses.
 •     Using the company car for personal recreation.
 •     Accepting gratuities from clients in exchange for services, benefits, or special treatment.
 •     Conducting competing business transactions using the company’s facility and equipment

Employee misconduct in the form of asset misuse can happen with direct employees or contractors, and the occurrence can threaten the integrity and prosperity of your organization. While maintaining constant surveillance of all your employees to ward off employee asset misuse is costly and daunting, outsourcing a suspected employee misconduct situation to a private investigative firm unveils the offenders while showing all employees that there is a zero-tolerance policy for asset misuse.

Question 5

Corporate Culture Checks

Accepted Answer

Helping clients uncover potential issues at target companies before they escalate. Sexual harassment. Workplace bullying. Fraudulent sales practices. It seems like hardly a week goes by without another scandalous revelation of executive misconduct or dysfunctional corporate culture making front page news and leaving unknowing shareholders shell-shocked over the reputational and financial damage that follows.

Drawing upon our unparalleled experience in investigative due diligence, our corporate culture checks aim to help investors mitigate such potential risks by identifying toxic internal issues at target companies before they hit the headlines – or the bottom line. Available on both the front end of the due diligence process and post-transaction, our corporate culture checks begin with targeted research of public records and intensive scrutiny of social media for indications of potentially festering issues otherwise hidden from public view.

We then follow up with confidential interviews with former employees and other human sources with first-hand knowledge of the internal culture at the target company. How does the organization treat its employees? Is the HR department responsive to concerns? Does senior management promote ethical business practices? What is the attitude toward regulatory and other compliance requirements? The answers to these, and similarly pertinent, questions are summarized and combined with the other research in a detailed, written report of our findings, giving investors the chance to evaluate any potential areas of concern before the deal closes – or at least before they become public.

Question 6

Insubordination

Accepted Answer

When an employee is insubordinate, just fire him, right? Not  necessarily. When it comes to insubordination as an employee misconduct  situation, there are shades of grey. Insubordination is not always  obvious – an employee may be perfectly kind, agreeable, docile, and  obedient in person with their employer or manager, then go off and  blatantly refuse to follow direct orders. Insubordination can take many  forms, and in some instances what may seem like insubordination could  merely be a misunderstanding. It’s for the professional investigator to  determine whether the alleged insubordination occurred willfully or  accidentally, once or repeatedly, and whether there are extenuating  circumstances that caused an employee to be insubordinate or feel they  couldn’t follow orders.

You don’t want to mishandle an insubordination case. Neglecting to  take a matter like insubordination seriously and deal with it head-on is  a recipe for creating a toxic work environment that affects all  employees, not just the one(s) in question.

Question 7

Harassment Investigations

Accepted Answer

Harassment in the workplace can take various forms. Whether verbal, sexual, racial or physical harassment, every employee who is accused of or suspected of wrongdoing must be thoroughly investigated. While your company may already have policies and preventive measures in place to prevent or address harassment, the type of issue on the table will influence how an investigation is conducted. What is the nature of the harassment? Is it occurring between two or more employees? Is it occurring between an employee and a customer or client? Is the harassment happening off-site or on-site?

Here are typical forms of harassment:

•     Physical harassment: According to the National Crime Victimization Survey (NCVS) conducted by the Bureau of Justice Statistics, there are about 2 million assaults and threats of violence against employees in the workplace every year. Assault – whether aggravated assault, rape, or sexual assault – is the most common type of physical harassment. The third-leading cause of fatal occupational injury is homicide.
 •     Threats or intimidation: Workplace harassment doesn’t have to include a physical altercation. Threats alone are enough to be considered harassment, and employers who neglect to investigate these situations can be liable for whatever consequences may occur. It is the responsibility of an employer to maintain a safe work environment for all employees.
 •     Verbal harassment: Being a tough manager or boss is one thing. Verbally harassing subordinates, or even peers, is another situation entirely, and one that is unacceptable. Verbally attacking an employee, customer, or colleague can easily develop into physical harassment. And verbal harassment can be disruptive or distracting to more than just the coworkers in question.
 •     Racial discrimination: Race discrimination in the workplace occurs when a covered employer treats an individual unfavorably because that individual belongs to a certain race, because the individual displays personal characteristics associated with race (e.g., hair texture, skin color, certain physical features), or because the individual is affiliated with or married to a person of a certain race or color.

In harassment cases, it will be necessary for the investigator to interview the complainant, the alleged employee who is doing the harassing, and witnesses. An experienced private investigator is equipped to handle such a sensitive matter and adept at extracting information from all parties involved.

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Pallas Consultants regularly publishes articles, blogs and reports that help our clients better understand our workplace misconduct solutions. Browse our featured articles below.

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