Security Investigations

Revised: July 2006

The Company requires the participation and cooperation of all personnel, within the limits of the law, in investigative matters relating to crimes against the Company, crimes against employees performing Company business, or violations of Company policy. The courtesy of participation and cooperation is to be extended to pertinent management, public agencies, and/or private agencies that are contracted to investigate specific Company concerns. Failure to cooperate or participate in an investigation could be grounds for personnel action, up to and including termination of employment, as well as applicable criminal and/or civil penalties.

It is the Company’s intent that all such crimes or violations are thoroughly investigated in a timely manner, to ensure that employees are treated equitably and fairly, and to resolve or correct all losses or unacceptable behavior with minimal disruption to business.

Preliminary Investigation

Preliminary investigation of all criminal matters is the responsibility of the Area Supervisor. The Area Supervisor must also immediately visit the robbed restaurant if it is within 100 miles traveling distance or if a serious injury or death has occurred.

In those cases when an Area Supervisor is unavailable, the Director of Operations is to be notified. When an Area Supervisor or designated alternate is unable to report when a crime-related serious injury or fatality occurs, the Director of Operations and HR representative are required to report to the restaurant. Refer to Conduct During a Robbery for more information.

Suspected Internal Involvement

Whenever a crime may be linked to restaurant employees, the Area Supervisor is to contact the Vice President of Human Resources for guidelines on how to detect and handle internal involvement. If the amount is in excess of $100, the Area Supervisor is to report to the restaurant within 48 hours. All restaurant employees, including an Area Supervisor with access to the building, may be required to submit a written, signed statement, confidentially sealed in an envelope. The statement is used to elicit any knowledge or information the employee has about the crime and any restaurant employee’s involvement with it.

In dealing with restaurant employees, the Area Supervisor is to stress that the situation can be reasonably resolved. Under no circumstances should the Area Supervisor make any guarantees regarding criminal prosecution. The Area Supervisor is to encourage confidential statements by employees concerning the crime by providing them with a phone number where he can be reached.

Dropping Criminal Charges

Criminal charges brought against third parties by the Company are not to be dismissed or withdrawn without prior written approval from the Human Resources department and/or Legal department.

Polygraph and Other Investigative Resources

The Human Resources department and the Legal department are responsible for arranging approved polygraph or other investigative services.

Polygraph Procedures

Polygraphs may be offered in states where they are lawful for the purpose of verifying statements pertinent to Company business. Polygraph examination results may not be used as a condition of hiring or continued employment in certain states. States having laws restricting the use of polygraphs include: Alaska, California, Connecticut, Delaware, Montana, Nebraska, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Washington, and the District of Columbia.

Prior to the administration of polygraphs in these jurisdictions, the corporate legal department is to be contacted to verify its legality. Standard polygraph procedures that must be carried out by the polygraph examiner are detailed in the Polygraph Advisory Statement. All polygraph examiners are to be reviewed and approved by the Director of Operations.

Obligation to Submit to Polygraph

Employees are required to appear for an interview or polygraph appointment and will receive regular compensation for doing so. Failure to keep a scheduled appointment with an interviewer or polygraphist will be considered a failure to report for a work assignment and will be grounds for disciplining action, up to and including termination of employment.

The employee has the option of whether to submit to a polygraph examination. No one shall be forced to take a polygraph examination.

Responsibilities of Management Scheduling the Polygraph

The management person responsible for arranging interviews or polygraph examinations is responsible for ensuring that an interviewer or examiner has been approved by the Human Resources department.

The management person is to provide the interviewer or examiner all the facts, reports, register tapes, statements, etc., concerning the alleged crime or violation. The management person is to ensure that employees are paid for their time spent at the interviewer’s or examiner’s office.

The management person receiving the polygraph report from the examiner must send a copy of the report to the Human Resources department at the Support Office within one (1) week of receipt and must forward the original report to the Director of Operations.

Payment for Contracted Services

Area Supervisors should submit invoices for polygraph or other investigative services to the Director of Operations for approval.