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by
clients who may fail to recognize a risk they have seen every day
for years. Generally speaking, undercover operations are
probably the most cost effect and productive investigations
available for business. In addition to learning details of
specific problems, often the client gains a more objective
understanding of the operation as a whole. Many undercover
operations result in terminations of thieves and illegal substance
abusers. However, reports also identify conscientious
employees, with exceptional potential who had been previously
overlooked by the client. L.P.C., Ltd. undercovers are
believed to have resulted in more promotions than terminations.
Preferred Undercover
Job Assignments:
In most cases where there are
no specifically targeted suspects, the investigator should, if
possible, be placed in a maintenance position or similar job, which
allows him or her to roam throughout the entire facility.
Investigators who, by necessity, are restricted to one small
production area have limited exposure to employees in other areas,
but can often make up for this during breaks and after hours.
Undercover
Investigator's Dual Employment Status:
Undercover investigators
retain their on the job earnings and will receive a wage statement
for tax purposes from the client just like any other employee.
We have never had an investigator injured on an undercover
operation. Logically it would seem that our workers'
compensation would be responsible for the costs related to injuries
on undercovers since we are the obvious primary employer.
However, this has been ruled both ways and it could be that in such
a case, the client's carrier would be considered primary.
Legal Reporting
Restrictions:
In the U.S. and many other
countries, is illegal to report on the legal activities of a labor
union and we never report this type of information to clients,
either in written reports or verbally. This limitation, of
course, does not preclude an investigator from reporting on thefts
or drug use by an employee, who happens to be a shop steward.
While it might be perfectly legal for an undercover operator to
picket with striking workers, we would not continue an undercover
operation in these circumstances, for the simple reason that no one
would believe that an investigator in this position would not be
reporting on everything. In one Canadian case involving much
violence and property damage, it eventually came out that a private
investigator was picketing with the other workers and present during
the violence and destruction. The union leadership then
alleged that all the strike violence had been instigated by this
investigator. While this was not the case, the company, ran
into some real problems and significant expenses because of this
exposure.
Entrapment
Considerations:
Entrapment is a legal term
that applies only to the public sector law enforcement, not to
private investigators. However, L.P.C., Ltd. investigators do
not conduct activities that would be considered entrapment if they
were working in the public sector. For instance, while an
investigator would agree to joining a theft ring, he or she would
not suggest to other employees that they steal anything. While
we are aware that some investigation firms differ from our
philosophy, we believe that such instigation could often create a
problem that didn't previously exist. The goal of an
undercover is not to "bust" as many thieves as can be
created, but to factually report on just what is occurring in the
facility.
Illegal Substance
Considerations:
Contrary to popular believe,
including the assumption by many private investigators who should
know better, undercover investigators have no |
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