Investigations for Absenteeism and False Sickness: Get Proof for Fair Dismissal
Is the employee 'sick' but working elsewhere or going on holiday? We gather video evidence to expose the deception and proceed with dismissal for just cause
Strategic absenteeism is not just an economic cost for the company (empty pay + cost of replacement), but a poison that pollutes the work environment, demotivating honest colleagues who have to cover the absent worker's tasks. Often, the entrepreneur knows who is lying, but feels powerless in the face of the medical certificate.
The reality is different: the medical certificate is not an impenetrable shield. The Court of Cassation (e.g. Judgment No. 17113/2016) has established that the simulation of illness or the performance of activities incompatible with recovery irreparably breaks the bond of trust, legitimising summary dismissal. Arcadia Company provides objective evidence (not opinions) to prove that the illness is non-existent or that the employee is deliberately delaying recovery.
When does disease become 'Fraud'?
It's not enough to be sick on paper. A worker on sick leave has specific duties, including not jeopardising their own recovery. Our investigations document three main cases of wrongdoing:
- Double Job: The employee works (often illegally or for competitors) during the paid sick leave period provided by the company and INPS.
- Incompatible Activities: The subject claims disabling conditions (e.g. lower back pain, depression) but is filmed doing sports, renovating a house, or going on holiday.
- Total Simulation: The employee is doing very well and uses sick leave as 'additional holidays'.
Tax inspections are not enough
INPS visits have set hours and are easily avoided. A private investigator, on the other hand, operates outside of business hours and on weekends, precisely when the 'fake sick' person feels free to go out and carry out their personal activities. The evidence collected by our agents (videos, photos, reports) has full legal value in court and overcomes the presumption of truthfulness of the medical certificate.
Case Studies
Case Study: Unmasking False Illness and Moonlighting
Sector: Logistics and Transport | Location: Milan Province
1. The Problem (Suspicion of Absenteeism)
A client company has detected a suspicious pattern of absences in a warehouse employee. The individual presented cyclical medical certificates for 'severe acute lumbosciatica', almost always coinciding with seasonal work peaks or weekends. Despite INPS health checks, the employee was regularly found at their home, rendering standard health checks ineffective.
2. Investigative Strategy (Arcadia Protocol)
We have activated a Dynamic Surveillance outside the scheduled hours for tax inspections.
- MonitoringThe agents began monitoring the subject from 18:30 (end of availability window).
- StakeoutThe subject was spotted leaving their house in a vehicle not registered to them.
- SurveillanceThe employee was followed to a private construction site in North Milan.
3. Results and Evidence Collected
Through high-resolution video-photographic documentation, it was documented that:
- The employee, officially immobile due to back pain, was performing heavy loading and unloading of construction materials.
- He was engaged in activities ofdouble jobin black for a third party, seriously jeopardising their own recovery.
- The footage showed agility and physical exertion totally incompatible with the medical diagnosis presented to the company.
4. Legal Conclusion
The company has received a Certified Investigation Dossierincluding a sworn statement.
OutcomeImmediate dismissal for just cause (without notice).
Just causeThe Court of Cassation confirms that such behaviours break the trust bond and constitute fraud against the pension system and the employer.
How we stage the 'fake patient
A discreet and lethal investigative protocol for fraudulent absenteeism.
Profiling and Patterns
We analyse the history of absences: recurring days (Monday/Friday), coinciding with holidays or refusal of leave. Often, absenteeism follows a predictable pattern.
Dynamic Surveillance
We monitor the employee from the morning. If they leave the house (perhaps during visiting hours or immediately after), we follow them to document where they go and what they do.
Video Documentation
We gather irrefutable evidence: the employee who lifts weights despite their 'back pain', who works in their spouse's shop, or who plays football.
Sworn Statement
We deliver a chronological and detailed investigative dossier. In case of a legal dispute, our investigators will testify in court to confirm what they saw and filmed.
Frequently Asked Questions about Absenteeism
Clarifications on privacy, hidden checks and dismissal.
Is it legal to monitor a sick employee?
Yes, absolutely. The Workers' Statute prohibits direct health checks (which are the responsibility of INPS), but the Court of Cassation legitimises investigative checks on extralaboral behaviour that demonstrate the non-existence of the illness or harm to recovery.
If an employee leaves outside of visiting hours, are they subject to disciplinary action?
It depends on what they do. Leaving is not a crime, but if they perform activities that delay recovery (e.g., doing heavy work with an orthopaedic condition), they violate the duty of loyalty and correctness, justifying dismissal.
Are you working for another company while on sick leave?
This is the most serious case. It constitutes a fraud against the INPS and a very serious breach of the non-compete and loyalty agreement. Dismissal for just cause is practically automatic.
How much does an absenteeism investigation cost?
The cost is a fraction of what it costs to maintain a disloyal employee for years. We offer packages with different observation days, which are usually sufficient to gather the necessary evidence.
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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.
