When May Companies Have Their Employees Monitored by Detectives?

The use of detectives in the workplace is not an exceptional case. It serves to uncover a wide range of contractual breaches and criminal offences and can therefore be applied in many scenarios (case examples from our Berlin detective agency can be found here). When employees are the focus of investigations, various legal conditions must be observed. Companies are required to comply with statutory provisions.

Monitoring as a Justified Measure

In principle, employers may not have their employees monitored indiscriminately or on a whim, but only when there is a specific suspicion of wrongdoing. Furthermore, this suspicion must be based on facts. Mere assumptions are insufficient. Limits are imposed on corporate clients of detectives by the applicable labour law and the personal rights of employees. Those who fail to observe these boundaries risk significant defeats in employment courts and may even face claims for damages. Consequently, it is essential to select investigators who not only understand their "craft" (observation and research) but also the legal framework and, therefore, their own limits. Our private detective agency in Berlin relies on IHK-certified professionals who have learned the relevant legal principles thoroughly.

Moreover, in cases of doubt, our guiding principle is: it is better to consult our trusted lawyer one time too often than to rush blindly into a legally questionable case. This is particularly important in exceptional situations that deviate from everyday patterns. In this way, Kurtz Corporate Detective Agency Berlin can ensure to its clients that the findings of its investigations are legally admissible.

Test Purchases for Employee Verification

To test employees for truthful statements, employers often carry out test purchases and so-called honesty tests. This is possible for any group of personnel within the company whom the employer cannot otherwise verify. Examples include cashiers, where the detective conducts a test purchase. Likewise, the corporate investigator may pose as a supplier for warehouse staff to deliver goods that deviate from the delivery note. Our Berlin private detectives frequently undertake decoy operations in conjunction with test purchases.

However, inspection of personal bags is only permissible with the consent of the person being checked. Furthermore, this measure must be approved by the works council in advance.

Surveillance During Sick Leave

Frequent or prolonged illnesses are often used by employers as a reason to monitor an employee, as suspicion of fraudulent intent is often difficult to dismiss under the circumstances. However, our corporate detectives in Berlin may only be commissioned if there are concrete indications that the employee is acting in breach of contract. If the employee engages in activities contrary to recovery (behaviour hindering recuperation) or works for another company during sick leave, the collected evidence can be submitted to the court.