Perceived Elsewhere: Reduce Unfair Dismissal Compensation with Certified Investigative Evidence
Did the former employee work elsewhere during the case? We gather evidence to deduct new income from the compensation owed, saving the company thousands of euros
Business Protection: Difference between Aliunde Perceptum and Percipiendum
To protect business assets in the event of an illegal dismissal, it is crucial to distinguish two documentable areas of action based on user intent and content depth:
- Aliunde Perceptum (The Earned): This refers to the income the worker has actually received from other activities (employed or self-employed) during the period of exclusion. If we prove that they have worked, the amount earned is deducted from the compensation.
- Elsewhere to be Perceived (The Profitable): It refers to what the worker could have earned if they had diligently searched for new employment (Art. 1227 CC). We document the negligent or opportunistic conduct of the subject to request a reduction in damages.
The Burden of Proof: Why Professional Investigation is Crucial
According to current case law and the advancements in search algorithms by 2026, it is entirely the employer's responsibility to prove the rehiring of the employee. A mere suspicion holds no value; solid evidence, resulting from real experience and certified skills, is required.
- Uncovering undeclared work: The investigator's intervention is crucial for documenting hidden income that would not appear on the INPS contribution statement.
- Multimodal and Multimedia Evidence: We use a mix of text, images and videos to capture the work activity.
- Legal Dossier: We provide a detailed and transparent technical report, signed by verified experts.
Case Study 2026: Reduction of Compensation in Milan
In a recent case handled by our agency, we documented through surveillance and constant monitoring that a former employee was continuously working for a new employer during the notice period. Thanks to our irrefutable video documentation, the Judge recognised thePerceived Elsewherereducing the economic penalty for the client company by over 70%.
Our Investigative Protocol for Businesses
We follow a protocol aimed at tracking the former employee's work activities to reduce the final compensation amount:
- Investigative Analysis and OSINT: We check databases and open sources social networks and professional profiles to identify clues of new work activities or collaborations.
- Surveillance and Operational Monitoring: We follow the subject in their daily movements to determine if they regularly visit a new workplacedocumenting hours and tasks.
- Frozen Documentation: Video and photographic recordings proving the performance of paid activities.
- Report for the Judge: We provide your lawyer with an investigative dossier that proves the Aliunde Perceptum, constituting the necessary documentary evidence to request the deduction of income from the compensation.
Case Studies
Investigations for Aliunde Perceptum and Reduction of Corporate Damages
Sector: Employment Law and Corporate Litigation | Location: Bergamo Province
1. The Problem (Compensation Request for Dismissal and Hidden Work)
A medium-sized manufacturing company approached our agency following a labour dispute. A former employee, after contesting the termination of their contract, had obtained a declaration in the first instance that unlawful dismissalresulting in the company being sentenced to pay a heavy fine compensation payment equal to all remunerations accrued from the day of dismissal. The company suspected, however, that the worker had long been undertaking a new undeclared work activitiesThe goal was to prove theheard from elsewhere to significantly reduce the extent of compensation for damages due.
2. Investigative Strategy (OSINT and Field Observation)
We have structured a plan of corporate investigations aimed at documenting the actual employment and income capacity of the former employee in the period following their dismissal, operating fully in compliance with privacy regulations and the Workers' Statute.
- Preliminary Investigations and OSINT: Digital trace research, updated professional profiles and cross-referencing of Chamber of Commerce data to identify any hidden collaborations or participation in new companies.
- Dynamic Observation and Surveillance: Daily monitoring of the subject's movements during standard working hours to verify their continuous presence at other production sites.
- Collection of Visual Evidence: Acquisition of video-photographic documentation to demonstrate the performance of specific work tasks, adherence to schedules, and level of integration into the new corporate structure.
3. Results and Evidence Collected
The intervention of our agents has revealed the true employment situation of the former employee, providing irrefutable evidence in favour of the company:
- It has been widely documented that the subject regularly performed his work, on a full-time basis, at a competing company located in the same province, constituting a clear case of black market work.
- The video footage captured the former employee wearing company uniforms, driving vans registered to the new company, and interacting with clients, demonstrating the continuity and stability of the new employment.
- The worker's absolute bad faith has been proven, as they had declared a false state of unemployment in court to maximise the profit from the labour dispute.
4. Legal Conclusion (Application of Alien Perception and Savings)
At the end of the operations, the company and its lawyers received a Certified Investigation Dossierincluding a sworn technical report and audiovisual material, ready for use in the Court of Appeal.
- Outcome: The labour lawyer has produced our certified investigative evidence during the hearing, formally objecting to the deduction of the amount earned by the worker during the period of exclusion.
- Finding: The Judge, having evaluated the objectivity of the evidence provided by our private investigation agencyhas applied the principle ofheard from elsewhereThis has allowed us to deduct all presumed income from the total compensation, resulting in a significant reduction reduction of compensation economic (over 70%) and safeguarding the company's funds from an unfair and disproportionate outlay.
How we expose 'moonlighting
A targeted investigative protocol to track the former employee's work activities to reduce the final bill.
Intelligence Analysis
We check databases and OSINT sources (social networks) to identify clues of new job activities (e.g. updating LinkedIn profile, photos in another company's uniform).
Surveillance and Monitoring
We follow the subject in their daily movements to verify if they regularly go to a new workplace, respecting specific hours and shifts.
Video Documentation
We document the evidence: we film the subject while performing work duties (e.g., serving tables, unloading goods, working on a construction site), demonstrating their continuous commitment.
Report for the Judge
We provide your lawyer with an investigative dossier that proves the Aliunde Perceptum. This document is the 'winning card' to request the Judge to deduct the hidden income from the compensation.
Frequently Asked Questions about Aliunde Perceptum
Clarifications on undeclared work, damage calculation and savings for the company.
If you work off the books, does that count?
Yes, absolutely. In fact, that's where the investigator makes all the difference. If the work is official, the INPS contribution extract is enough. If it's under the table, we need our video proof to show the Judge that the income exists, even if it's not declared to the tax authorities.
How much can I save on compensation?
It depends on how long they have worked. If we can prove they worked full-time throughout the duration of the case, the compensation for back pay could be almost entirely eliminated (except for the minimum guaranteed 5 months).
How do you prove that you have not looked for work (Percipiendum)?
It is more difficult, but possible. We can document that the subject has never registered with job centres, has not sent CVs or has rejected concrete offers, thus demonstrating negligent or opportunistic behaviour.
Will the investigation be reimbursed if I win?
Often yes. If the evidence collected is crucial to the outcome of the judgment or to the reduction of damage, the Judge can order the opposing party to reimburse the investigative expenses incurred by the company for its defence.
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Office in Milan, Operating throughout Italy
Our private investigation agency is strategically located in Sesto San Giovanni, in the province of Milan. From here, we coordinate investigations throughout the national territory, ensuring a swift and direct response in the main provinces of Lombardy and Northern Italy.
