What does a workplace investigation involve?
A workplace investigation answers a defined question about specific conduct with facts gathered lawfully. The scope is agreed in writing before work begins.
- Internal theft
- Daniel narrows when, where and how the losses happen, then documents who had access. The sources are a timeline from the employer's own records, a comparison of schedules and access, and the employer's own camera footage.
- Time theft away from the workplace
- Field checks from public places compare where an employee is with what the timesheet says, in photographs and a time-stamped log. The method is lawful surveillance, with no tracking device.
- Other misconduct
- Interviews the employer authorizes, and a review of the records the employer holds.
A loading area seen from a public street can be observed too.
Who asks for an employee theft or misconduct investigation?
Owners and managers of small and mid-size Oklahoma businesses, human resources managers, and employment attorneys who direct a workplace investigation.
The employer is the client. Discipline, a report to the police and any notice the law requires are decisions for the employer and its counsel, not for the investigator.
To start, call or text the company name for a conflict check. Please do not text employee details.
What is lawful in Oklahoma, and how does federal law apply?
This work looks into a specific, suspected problem at work. It is not pre-employment screening, and Fuller Investigations does not report on job applicants. Federal law sets conditions for outside investigations of workplace misconduct (15 U.S.C. § 1681a(y)); your employment attorney should confirm how they apply to your matter.
In plain words, that statute says a report on a workplace investigation is not a consumer report when:
- it is made to the employer, about suspected misconduct at work or compliance with laws, regulations or the employer's preexisting written policies;
- it is not about a person's creditworthiness;
- it goes only to the employer or its agent, government agencies, a self-regulatory organization, or where the law requires.
After adverse action based on such a report, the employer must give the employee a summary of its nature and substance. The summary need not name the sources. 15 U.S.C. § 1681a(y)(2)
Daniel reports to the employer and its counsel only.
A consumer report includes information on a person's character, reputation or mode of living that is used, or expected to be used, for eligibility for employment. FTC staff have advised that an investigator hired to report on a job applicant would be a consumer reporting agency (FTC staff advisory opinion). 15 U.S.C. § 1681a(d), (f)
To check a job applicant, use a consumer reporting agency that follows the Fair Credit Reporting Act.
Secretly watching someone at a home or another place where they expect privacy, or secretly photographing them there, can be a crime. 21 O.S. § 1171
Daniel does not film people in restrooms, locker rooms or other private areas.
Oklahoma's Computer Crimes Act makes it a crime to access another person's computer, account or data without authorization, or to ask someone else to. 21 O.S. § 1953
Daniel does not access an employee's personal phone, email or social media accounts.
Oklahoma's stalking law treats tracking a person's location with a GPS or other monitoring device, without that person's consent, as "following", with narrow exceptions. 21 O.S. § 1173
Daniel does not place trackers on vehicles.
Nothing on this site is legal advice. Ask your attorney how the law applies to your situation.
What will the employer receive?
- A written report of facts, delivered to the employer and its counsel only.
- A timeline of the losses or incidents, built from the employer's records.
- Memos of the interviews the employer authorized.
- Photographs and video from field checks, with a time-stamped log.
- A log of the records and footage reviewed.
- Daniel, available to testify about the work performed.
The report states what was found, not whether discipline is justified. That question belongs to the employer and its employment attorney.
What should an employer have ready?
The first consultation is free. Work begins after a conflict check on the company and employee names, a signed written agreement and a retainer. How it works sets out each step. Have ready:
- what happened and when;
- the loss records;
- the written policies involved;
- schedules, and who has access to what;
- the name and number of the company's counsel.
Daniel will ask whether anything from the work will be used to decide whether to hire someone. If it will, that part is declined.
What it costs depends on how many people, sites and records are involved: interviews, field hours, review of footage and records, and mileage from Oklahoma City. All of it is in the written agreement before work begins. The cost guide explains what sets a price.
When should an employer call the police or 911 first?
If someone is in danger right now, call 911. Fuller Investigations is not an emergency service.
If an employee has threatened someone, or there is violence at work, call the police before you call an investigator.
Whether to report a theft to the police is the employer's decision. Daniel's report is written so that it can be shared with law enforcement if the employer chooses.