BUSINESS INVESTIGATION
CORPORATE
Research and investigations in the commercial and corporate context. We utilize effective tools and gather concrete evidence to safeguard and promote the employer's interests.
Focused on
GDO and GDS
Economic and Financial Investigations
Insurance and Banking
Corporate Asset Protection and Safeguarding Employment Relationships
In the workplace, protecting corporate assets and safeguarding employment relationships are fundamental aspects. When suspicions of unlawful behavior by employees arise, employers have the right and duty to act to protect the company. The law provides various defense tools, including the use of private investigators to conduct investigations and inspections. These professionals employ a range of techniques, including video surveillance, both hidden and overt, and the collection of evidence admissible in court.
Combating Unjustified Absenteeism
Unjustified absenteeism is a challenge many companies face. The misuse of work leave constitutes a violation of the principles of good faith and fairness. Those who abuse it may face legal sanctions and even dismissal for just cause. Corporate investigations are a valuable tool for employers to verify the use of leave, the benefits under Law 104/1992, union detachments, and corporate loyalty. These investigations can uncover illicit behavior and provide employers with the evidence needed to take legal action. Furthermore, investigations can help ensure the proper application of leave for family assistance, illness, injury, and other cases.
Verification of Corporate Loyalty
In the workplace, employers often delegate functions or processes to employees, collaborators, associates, or partners. These relationships are built on trust, but it is crucial to monitor them to safeguard the integrity of corporate assets. Investigative inquiries can uncover potential misconduct, fraud, or breaches of loyalty and non-compete agreements. These investigations can provide employers with the evidence needed to take legal action and protect corporate assets. Investigations may cover various aspects, including non-compliance with non-compete or loyalty agreements, uncovering misconduct such as theft, fraud, espionage, and safeguarding intellectual property.
Corporate Sweeps (Bug Detection)
In the digital age, offices, vehicles, and info-telematic devices can become targets for those seeking to intercept confidential information. In this context, employers can request an investigative inquiry to ensure the confidentiality of corporate information. The corporate bug sweeping service, performed by a team of professionals using advanced tools, ensures the security of business information. This service can detect the presence of interception devices and ensure the confidentiality of corporate communications. A team of professionals will conduct targeted inspections using professional tools such as radiofrequency detectors, white noise generators, scramblers, and other anti-interception devices.
Forensic Investigations
Any device with a storage system can now be subject to forensic analysis. This process involves creating a bit-by-bit copy of the device's memory, producing an exact replica for analysis. This copy can uncover a wide range of information, including emails, deleted files, browsing cookies, system logs, and more. Such information can be used as evidence in civil and criminal proceedings. Forensic investigations can provide employers with the necessary evidence to take legal action and protect corporate assets.
In conclusion, safeguarding corporate assets requires a proactive approach and the use of appropriate tools. Employers have various options at their disposal to protect the company from unlawful behaviors. These tools can provide the necessary evidence for employers to take legal action and protect the business.
Secondo la Corte di Cassazione:
al datore di lavoro basta il solo sospetto o la mera ipotesi che vengano commessi a suo danno degli illeciti, per dare corso di esecuzione alle attività investigative (Cass. Sez. lav. n. 4984/2014 e 15094/2018)
Areas of Investigative Services
Unjustified Absenteeism
Corporate Loyalty
Corporate Sweeps
Forensic Analysis
Frequently Asked Questions
The most common questions asked by clients at a Private Investigation Agency.
Can unjustified absenteeism justify dismissal for just cause?
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Yes, as it is a behavior that undermines the trust foundation of the employment relationship.
According to established case law, even a single incident is sufficient to justify dismissal, as a repeated behavior is not necessary.
Speaking of Law 104...
The abuse of paid leave for the assistance of a disabled family member occurs when, during work absences, tasks other than those required for the care of the disabled person are performed (Cass. No. 21529 of 2019; Cass. No. 8310 of 2019; Cass. No. 17968 of 2016; Cass. No. 8784 of 2015).
A continuous performance and constant presence are not required; however, the law mandates that the majority of the time be dedicated to the care of the disabled person. This care should primarily be provided during the hours when the employee would have been working. This concept was reaffirmed in the ruling of the Court of Cassation No. 17102 of 16/06/2021, which rejected the appeal of an employee dismissed for just cause. The employee, during the leave hours, had gone "first to the market, then to the supermarket, and finally to the beach with the family," instead of going to the home of the disabled mother.
Can evidence obtained through an investigative inquiry be used to justify the dismissal of an employee?
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Yes, but only if the activity is carried out by an authorized investigative agency and there is evidence of unlawful conduct committed by the employee.
With ruling No. 11697 of 17/06/2020, the Civil Court of Cassation, Labor Section, reaffirmed the legitimacy of dismissal for just cause of an employee who, following an investigation entrusted to a private investigation agency, was found to have engaged regularly in sports and recreational activities incompatible with being on sick leave.
This had already been affirmed by the same section with ruling No. 11535 of 15/06/2020 and ruling No. 9590 of 18/04/2018.
What are the limits within which I can act as an employer?
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In the case of unlawful behavior by employees, the employer can use private investigators.
The jurisprudential orientation is dictated by numerous rulings from the Court of Cassation, including No. 2722 of 23/02/2012 (Cass. 829/1992 – Cass. 12489 of 2011), which states that even the monitoring of a worker's company email by the employer is legitimate, provided that the monitoring is not aimed at verifying the exact fulfillment of obligations arising from the employment relationship, but rather aimed at investigating the employee's unlawful conduct that could result in the loss, harm, or damage to the company's assets.