Do you doubt the veracity of your employee’s reason for stopping work? Proving abusive work stoppage by a private detective has become common practice for many companies.
Why should you prove abusive work stoppage by a private detective?
First, unjustified or convenience work stoppages can be costly for an employer.
Whether in lost productivity, replacement of absent employees and occupational health and safety costs. In addition, these shutdowns also affect the dynamics of the company by impacting the motivation and commitment of other employees.
Second, in this case, obtaining sufficient evidence to prove that a work stoppage is abusive can be very difficult. This is because companies do not have the necessary time, skills, resources or experience to conduct an internal investigation to collect admissible evidence in court .
This is where a private investigator can come in handy. These qualified and experienced professionals collect hard evidence , such as photographs, videos, recordings and testimonies. The goal is to protect your professional interests by maintaining a fair and productive work environment .
When is a work stoppage considered abusive?
Certain cases are decisive for understanding that a work stoppage is abusive.
A false declaration
As soon as the employee deliberately lied about the nature or seriousness of his condition to obtain a work stoppage, this behavior is considered abuse.
Simulate illness
If your employee pretends to be sick , to avoid working or taking days off, we are in the presence of bad faith which confirms an abusive work stoppage.
Unjustified absences
Does your employee not justify his absence from work? He doesn’t provide you with a valid medical certificate either? If these unprofessional behaviors are combined with repeated absences , your employee is indeed benefiting from abusive work stoppage.
Inappropriate behavior
The activities carried out during working time by the absent employee can say a lot about his motivations:
You notice that your employee is engaging in activities that are incompatible with their medical condition, such as playing football when they are supposed to be on sick leave.
Or, if he acts unfairly so as not to come and work for the benefit of a company that competes with yours.
Abuse of medical prescription
You notice that your employee is requesting unnecessary work leave, medical treatment that he does not need or even an over-prescription of medication to prolong his absence from work. These are factors of professional abuse.
In each of these cases, a thorough investigation must be conducted before concluding that a work stoppage is abusive or unnecessary.
The role of the private detective
An approved investigator?
To be a private law investigator , it is necessary to have received approval from the National Council for Private Security Activities.
Thus, as stipulated in article L 621-1 of the Internal Security Code, this profession makes it possible to obtain information with a view to defending the interests of an individual .
Evidence that can be used before the judge
In order to meet your expectations, a private detective uses different techniques to find information and valid evidence before a judge in order to give truth to your words.
Its role is to carry out a complete investigation , this falls under the administrative order, shadowing, checking timetables or even collecting testimonies.
However, even if the case aims to protect an employer, it goes without saying that the suspected employee must be respected !
In the case of abusive work stoppage, the regulations are particularly clear and strict so that the evidence is recognized as valid and usable.
Respect for proportionality
The Court of Cassation ensures that the initial situation requires an investigation and prosecution proportional to the facts.
Indeed, suspicions of abuse must be well-founded and must not arise from control that the employer wants to exercise over its teams.
Respect for privacy
The employee’s private life must be preserved, which is why the detective must not organize shadowing outside of his work hours.
In addition, the employee must be aware of the means implemented to certify that he is complying with a work stoppage in good faith and that he is honest. The employer must inform him of this in his employment contract, in the company’s internal regulations or by informing him of his suspicions.
By respecting these conditions, the employer can call on a private detective to protect himself if he wants to dismiss his employee for serious misconduct.
