Table of Contents
- Intro
- What a private detective can investigate in the field of work
- Limits: what a detective can't do
- The value of the report in a dismissal trial
- The report in criminal proceedings
- How to question a detective report
- Summary: what is worth and what is not
- Frequently asked questions
- Conclusion
1. Introduction
More and more companies hire private detectives to monitor their workers: to check whether a medical leave is real, whether an employee competes with the company or whether he or she appropriates money or goods. Their reports are then often in letters of dismissal and in criminal complaints. But a detective's report is not an irrefutable proof: it has strict legal limits and its value depends on what it really credits.
2. What a private detective can investigate in the field of work
The Private Security Act 5 / 2014, allows private detectives, duly qualified, to investigate private conduct or events when the person who contracts them has a legitimate interest. In the field of work, this includes, for example:
- Check whether a worker in medical leave carries out activities incompatible with his recovery.
- Check whether it works for competition or does unfair competition.
- To follow the activity of a worker during his / her day outside the workplace, such as a delivery or commercial.
The observations should be made in public places or open to the public.
3. Limits: what a detective can't do
The same law expressly prohibits detectives from investigating the intimate life of persons in their homes or other reserved places, as well as from intervening in their communications. Nor can they use means that violate fundamental rights such as privacy, the secret of communications or data protection.
If the report is obtained by violating these limits, the evidence may be declared unlawful and cannot be used in the trial. In the field of employment, a dismissal based on evidence obtained with violation of fundamental rights may be declared null and void.
4. The value of the report in a dismissal trial
In a trial by dismissalThe detective's report has no value in itself as a document. For the judge to take this into account, the detective must go to the trial and ratify it, declaring as a witness what he saw personally. The judge values that statement together with the other evidence, and may detract from credibility if it is inaccurate or contradictory.
A typical case is that of workers on medical leave. Not all activity during the discharge justifies a dismissal: only one that is incompatible with the recovery or shows that the discharge is fraudulent. We explain the limits of dismissal in these situations in our article on the No dismissal during medical leave.
5. The report in criminal proceedings
When the company makes a complaint or a complaint against a worker, the detective's report also does not replace the judicial investigation or the presumption of innocence. The detective will testify as a witness, and his report will only prove what he has observed directly about the accused.
If the report does not include a follow-up to the accused worker or does not contain any specific facts involving him, his or her usefulness for the prosecution is minimal. We see it with a real example in our article I'm accused of theft at work: how to defend myself.
6. How to question a detective report
In the face of a detective report, the defence must at least review these aspects:
- Enabling: if the detective is properly qualified and the investigation had a legitimate interest.
- Legality of the media: if it was recorded in private places or access to communications or personal data.
- Real purpose of follow-up:: if the report actually refers to the accused person or third parties.
- Conformity: if it describes precise facts, with dates and hours, or is limited to generic conclusions.
- Coherence with the rest of the evidence: documents, witnesses and, where appropriate, recordings of the worker himself. We explain when they are valid in our article about record work conversations as evidence.
7. Summary: what is worth and what is not
| Appearance | What does the law say? | Consequence |
|---|---|---|
| Monitoring in public places | Permitted with legitimate interest | Can be used as a test |
| Recording at homes or reserved places | Prohibited by Law 5 / 2014 | Illicit evidence |
| Intervention of communications | Prohibited | Illegal evidence and possible nullity of dismissal |
| Unratified report at trial | The detective must testify as a witness | Very limited value |
| Generic or third-party report | Just prove what was observed directly. | It does not prove the conduct of the accused |
8. Frequently asked questions
Is it legal for my company to hire a detective to watch me?
Yes, as long as it has a legitimate interest, the detective is qualified and the investigation respects your privacy and fundamental rights.
Can a detective record me at my house?
No. The law prohibits the investigation of intimate life in homes or reserved places. Such a recording would be an unlawful evidence.
Can you fire me for what a detective report says?
The company may base a dismissal on that report, but in the trial the detective will have to ratify it and the judge will assess whether the facts are true and sufficiently serious.
How do I defend myself from a detective report?
Checking whether it was legally obtained, whether it really refers to you, whether it describes concrete facts and whether it is consistent with the rest of the evidence.
9. Conclusion
A private detective's report may be a relevant test, but it's not infallible. It has clear legal limits and only attests to what the detective observed directly. It is often the key to dismowing a dismissal or an accusation.
In the area of Labour law from Leynver Lawyers we review this type of report and defend workers against layoffs and accusations based on them.
