Employee Theft

With the passing of the EPPA  (Employee Polygraph Protection Act) in 1988, the field of investigating employee thief has shifted from the polygraphist to the private investigator.  One of the new EPPA requirements, prior to the suggestion of a polygraph examination, is that an investigation must have been conducted to determine the person or persons who had access to the missing property and the person or persons where “reasonable suspicion” exist that they may have been involved in the theft.  The final ruling defines “reasonable suspicions” as basically someone seeing the person or persons with the stolen property at the time the property was discovered missing and/or an employee having direct access in the normal course of their duties or direct access momentarily.  This ruling makes the investigators roll more important in solving the mystery, for why would they need a polygraph if they already have eyewitnesses to the crime.  However, an investigation is needed to find the witness who saw the person or persons with the property or to obtain a confession from the thief. It is required if a polygraph examination is to be conducted.

When you receive a call from a potential client who has experienced a property or monetary loss at their business and is considering polygraph examination for their employees.  Suggesting that the call for the polygraph is premature by explaining the requirement for establishing reasonable suspicion is your first step. Immediately inquire as to the nature of their loss.  The first order of business is to get the case facts in greater detail from the client.

The person making the call is usually the owner or manager of the company.  Have them tell you in the own words what happened. Always have them start from the beginning. What is missing? When was it discovered missing? Who was on duty at the time? Who discovered the theft? What is the procedure used in handling the missing property? Learn all the information that you can of the daily operations and the duties of each person.  And most important who do they suspect? Why?  Caution: Do not to let this suggestion bias your final opinion.

If possible, the interviews should be conducted at your office away from the work site.  In most cases this will not be possible because the employees will be on the job at the time of the interviews. Interviewing off duty personnel will drive the cost upward for the employer. When conducting interviews away from the job site the person being interviewed will be more inclined to discuss certain issues with you if they do not have to face the boss or fellow employees immediately after they have made certain statements that include accusations or confessions. A secluded/private office that will be disturbance and distraction free while you are conducting the interviews is preferred.  A room free from outside noises.  Make sure the phone is removed or disconnected. The order in which personnel are interviewed is not significant, although some would argue that the person most likely, or the ones suspected should be last, in order to build tension while they are waiting to be interviewed.  The client would like you to take their most likely suspect first in an attempt to save money.  Regardless of the order, everyone should be interviewed.  Even top management. Videoing or audio taping the interviews is optional and may be added as extra cost in the event of a confession or the interviewee gave dispute as to what information was given.

The first bit of important information you will learn through out the interviews is that the standard operating procedure you learned about in your telephone interview with the client was not followed.  Someone broke a rule.  This is probably not the first time and won’t be the last. You will find in 98% of your cases that the procedure was not followed. The number one reason why employees steal from employers is because they can, the opportunity is presented to them by procedure not being followed or no procedure has been established.  Which brings the blame right to bad management.  However, never tell your client that bad management is the reason why they have a loss.  Need rarely plays a part in employee theft but opportunity does. Case in point, most shoplifters that are caught have enough money on their person to pay for a case of the one item they were attempting to steal.  But, at this point bad management is not of concern to you.  It may be later when you give your client a list of your preventive recommendations.

How to conduct the interview/interrogation can be accomplished in several ways but for those who have never been trained in interviewing techniques, you should know that the most important part of interviewing someone is the ability to listen and to evaluate what was said. If it does not sound right, if it does not sound normal, if it does not make sense to you, if it does not make common sense, it should arouse your suspicion.  You notes should indicate your suspicion for review at the call back interview.

Also important is your ability to detect physical and verbal signs.  Learning to observe physical gestures is a must in interviewing techniques. Listing for changes in the voice when questions are answered are an indication of stress.  In indication of stress may be an indication of guilt.

Years of experience for the professional interviewer/interrogator have prompted some to boast of being their own lie detector.  This is certainly true in some cases, but not in 100% of the cases.  With experience and in time you will understand the question that is sometimes asked, “can you spot the liar yet”.  With experience you will surely become you own lie detector, but that is another fascinating topic of discussion.

Employee theft problems will always exist as long as there are employees.  You can learn to solve the problem either for yourself or for clients, all it takes the time to train yourself to recognize the signs of a liar.

Recommendations for your desktop library are “The Lie Detection Book” by William J. Majeski.  It is a paperback book that is published by Ballantine/Self-Help and sells for $3.50.  Another good book is “Never be lied to again” by David J. Lieberman and is published by St. Martin’s Press.  Another source is my detailed outline of the techniques that I use. I am prepared to share my outline with anyone requesting it.

Good hunting!

Pete Trahan  

e-mail: petetrahan@cox.net