What We Offer

  • Investigations

Successful workplace investigations are complex undertakings. They are time consuming and fraught with enormous potential for legal liability. When done properly, they combine an intricate mixture of skill, experience and luck. Those who attempt them without an adequate understanding of their fundamentals are recklessly naive. Workplace investigations can also be expensive. Today’s competitive world requires organizations of all sizes, both public and private to manage their resources carefully. An improperly conducted workplace investigation can be ruinous and destroy the careers of everyone who touches it. Few workplace activities invoke so much risk and at the same time, so much opportunity.

Large or small, organizations of all types routinely conduct internal workplace investigations. Though the objectives, and certainly the scope of these undertakings have varied widely, their principal purpose is most often that of objective fact-finding. Thus the fact-finder must be fair, impartial, thorough and purposeful. Then to fulfill the varied objectives of the assigned investigation, the effective fact-finder must have a process. Lacking an effective process, fact-finders often spend more time and resources than necessary, produce inconsistent results, and create unnecessary liabilities for those they serve. No investigation, regardless of its objectives or scope can be successful if not properly engineered and driven by process. Probativity, Inc. pioneered this methodology and today calls it The Process of Investigation.

Using The Process of Investigation and our many years of experience we are able to engineer and conduct every investigation we perform to maximize results and our clients’ return on investment while reducing their exposure to liability. Areas of expertise include:

  • Actual or alleged workplace misconduct (employee theft, harassment, discrimination, substance abuse and threats of violence);
  • Actual or alleged civil and criminal acts targeting the organization (fraud, white collar crime, theft of intellectual property, governmental over-reach and breaches of fiduciary and contractual obligations);
  • Assistance with civil recovery and restitution; and
  • Assistance with both civil and criminal prosecution and defense.
  • Risk Consulting

Imagine if you can—someone not having a conscience—none at all. Imagine a life absent the feelings of guilt and remorse, no limiting sense of concern for others, their safety, or their boundaries. Image having no capacity for shame, sorrow or sense of responsibility—image instead a life filled with deceit, deception and the ability to conceal one’s inner most thoughts and desires. Distinctly, he is free of all internal restraints, unhampered by the burdens spiritual beliefs, cultural morals, or the rule of law. He is carelessly speeding through life with no guardrails—intentionally colliding with unsuspecting victims such as yourself or your organization—leaving behind only the wreckage of sorrow, disappointment and economic ruin.

Now image you are the employer, co-worker or business partner of such a person. Imagine you are not only his colleague but you or your organization is his target. How will you recognize this individual, confine his selfishness and greed, and safely extricate yourself before he destroys you and all that which is important you? Often the answers and provided by professional external resources. Probativity, Inc. offers such services and is capable of not only identifying and containing such a threat, but reducing his opportunity to harm. Probativity, Inc. offers both threat assessment and risk consulting and mitigation services. Integrating our expertise with that of our client’s HR and security professionals, their legal and security professionals and often vast internal resources, our services specifically include:

  • Violence risk assessments and dangerousness determinations;
  • Workplace violence prevention and intervention strategies;
  • Loss prevention and asset protection assessments and implementation strategies;
  • Workplace safety plans and policy development;
  • Insurance claims and recoveries; and
  • Litigation support and expert witness services.
  • Assec Recovery

From an efficiency and productivity standpoint, telecommuting often makes sense for both employers and their employees. But managing and maximizing the performance of remote workers has its challenges. Of those challenges, recovering organizational property issued to remote workers when they leave can be difficult and frustrating. Our clients report that the problem is growing and losses due to unreturned organizational property are mounting. Probativity, Inc. offers a simple and inexpensive solution. Not only can Probativity, Inc. locate and recover computers, cell phones, tools, vehicles and other valuable items which were issued but not returned, we can recover files, records, client lists, and any trade secrets or intellectual property that may be in the possession of a former employee.

Our approach begins with identifying the former employee’s new email address, current residential address, any currently registered vehicles, and his or her new place of employment and job title. Without using threats or intimidating calls and emails we politely communicate with the former worker and request the property we seek be immediately returned at our expense. When necessary, we contact the individual’s current employer and request assistance. Generally, the first outreach is the individual’s current supervisor or manager. If he or she is not immediately responsive we escalate and contact the Director of HR and/or executive management via telephone and/or registered mail and demand immediate cooperation.

If that cooperation is still not provided, we will contact the new employer’s Security Director, Ethics and Compliance Officer, Chief Legal Officer, and/or CEO. In the most extreme cases we contact law enforcement and facilitate the filing of a crime report and Form 1099 MISC with the IRS. In addition to potential criminal prosecution for theft of physical property and trade secrets by the local authorities, the IRS may seek taxes and penalties for unreported income relative to the value of the property which was not returned as well as compounded interest on the taxes which the former employee surely did not pay.

Civil ligation is also an option. Potential defendants of course include the former employee, but may also include his new manager and employer. In such cases we not only assist in the recovery of the property sought, we assist our client recover economic damages from both the former employee and his or her new employer.

Additionally, using our national network of more than 5500 licensed investigators, we can visit the home or new workplace of a former employer without notice and demand that the unreturned property we seek be given to us on the spot. Not only is the tactic unexpected, it almost always encourages the new employer to cooperate and assist us.

Our recovery success rate is unmatched. Our methods are time tested and completely legal in all 50 states. Because we are not debt collectors we need not be licensed or registered in any jurisdiction. Don’t waste your organization’s time and resources chasing former employees to recover the value property which they have not returned. Contact us and we’ll eliminate that burden and get your stuff just as fast and economically as if it were our stuff. Our highly effective asset recovery services are just a call away.

  • Training

Loss prevention and asset protection begins with sound strategies and policies. But management and employee training and education also play a significant role. Probativity, Inc. offers both policy development and training services. Here are some of most recent training offerings:

Proper and ethical investigations are complex undertakings. They are time consuming and fraught with enormous potential for legal liability. When done properly and ethically, they combine an intricate mixture of skill, experience, and luck. Few activities invoke so risk and, at the same time, yield so much opportunity.

This dynamic and fast-paced keynote will examine the intricacies of conducting proper and effective fraud examinations and internal investigations. Attendees will learn how to traverse the legal minefields and traps inherent in almost every undertaking. Attendees will also learn how to use process in order to yield the best results and obtain the highest return on their investment of time and resources.

This one or one half-day training will examine the intricacies of conducting proper and ethical investigations in conformity of the new ANSI/ASIS1-2015 Investigations Standard. Attendees will learn how to traverse the legal minefields and traps inherent in almost every type of investigation. Attendees will also learn how to use the Standard’s process improvement and risk mitigation strategies to yield the best results and obtain the highest return on their investment of time and resources.

While we do not realize it, we use all of our neurological processes when exchanging information with others. Why not use all five senses and all three parts of the brain when conducting investigatory interviews or attempting to gather information from those reluctant to cooperate? This fascinating and graphic session will reveal a new way to interview using visual, auditory and kinesic messaging and read nonlinguistic behaviors and autonomic responses to detect deception and guilt. Regardless of their experience level, attendees will learn how to find the truth faster and lawfully obtain more frequent admissions of guilt.

This training will reveal:

  • How the human brain works and why the “primal” brain still controls us;
  • How our body language betrays our inner thoughts and fears;
  • How to detect deception and turn reluctance into cooperation; and
  • How to consistently and lawfully obtain more admissions of guilt.

Whether one provides goods or services or simply consumes them, employee dishonesty and fraud has its cost. Successful employers recognize that employee fraud is one of the most expensive and harmful forms of crime they face. Trainer Gene Ferraro, Board Certified in Security Management and Human Resources Management and a renowned Certified Fraud Examiner will provide a provocative look at this problem and means by which modern investigators confront it. He will reveal how forensic fraud examination, interviewing and covert surveillance are used to detect fraud and confront it when found. He will also discuss the legal aspects of investigating fraud and the privacy rights of those who commit it.

Workplace hotlines are no longer a luxury. Organizations, public or private, need insight into pending problems and harmful workplace issues. Modern hotlines combine telephony and the Internet to allow anonymous and instantaneous incident reporting, so why aren’t more organization using them? This training will discuss how these inexpensive tools work and why every organization should have one. Topics covered will include how to select a reliable vendor, disseminate reports, track incidents, handle requests for anonymity and manage the legal rights of all those concerned.

Workplace violence touches everyone. It affects the way we think, feel and behave. The concern for safety and the threat of violence affects the emotional stability and productivity of our employees, and ultimately our profitability. Although the incidence of actual injuries while at work is relatively low, intentional acts and accidents affects the lives of thousands of innocent Americans each year. These unfortunate and often preventable tragedies can destroy people, families and businesses. This training addresses this problem and reveals what can be done about it. Regardless of one’s organizational responsibilities, every one of us plays a role in workplace safety.

The social networking revolution has changed the modern workplace and the way our employees and customers communicate. Sites such as Facebook, MySpace, Twitter and LinkedIn contain a wealth of personal information, but is it lawful for employers to access these technologies and use the information they contain for business purposes? This engaging and fast paced will demonstrate how these sites function and will reveal some of the amazing information they contain. Attendees will also be shown how to safely and legally use this information without exposing themselves and their organization to unnecessary and costly litigation. This training will examine social networking and how employers can use it and technology to reduce risk, improve efficiencies and conduct better investigations without precipitating privacy claims and expensive litigation.

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