Legal Aspects of Investigations Flashcards

An investigator may face a civil lawsuit for defamation if they:

Answer: Publish a false statement of fact about a subject to a third party

Defamation requires a false statement of fact communicated to at least one third party that damages the subject's reputation; truthful statements are an absolute defense.

False imprisonment in the context of an investigation occurs when an investigator:

Answer: Unlawfully restrains or confines a person against their will without legal authority

False imprisonment is the unlawful restraint of a person's freedom of movement without consent or legal authority, which can expose investigators to civil and criminal liability.

Malicious prosecution as a tort requires a plaintiff to prove all of the following EXCEPT:

Answer: The defendant had probable cause to initiate the proceeding

Malicious prosecution requires lack of probable cause; if the defendant had probable cause, the claim fails even if malice existed.

In an employment investigation, an employer's duty to investigate a workplace harassment complaint is primarily derived from:

Answer: Title VII of the Civil Rights Act and EEOC guidance

Title VII and EEOC guidelines require employers to promptly and thoroughly investigate harassment complaints to avoid liability for a hostile work environment.

The Employee Polygraph Protection Act (EPPA) generally prohibits private employers from:

Answer: Requiring or requesting that employees or applicants take a lie detector test

EPPA bars most private-sector employers from using polygraph tests for pre-employment screening or during employment, with narrow exceptions for certain security and pharmaceutical positions.

In a workers' compensation fraud investigation, an investigator using covert video surveillance must be careful to:

Answer: Avoid recording in areas where the subject has a reasonable expectation of privacy

While covert surveillance in public is generally lawful, recording in private areas—such as inside a home or medical facility—violates privacy laws and can render the evidence inadmissible.

A statute of limitations most directly affects an investigation by:

Answer: Establishing the time period within which a legal claim must be filed

Statutes of limitations define the window during which a lawsuit or prosecution must be initiated; once expired, the claim is time-barred regardless of its merits.