Absenteeism and False Sickness Investigations: Secure Evidence for Lawful Dismissal
Is your employee 'off sick' but working elsewhere or on holiday? We gather video evidence to expose the deception and enable lawful termination for just cause
Strategic absenteeism is not merely an economic burden for the company (paying for unworked hours plus the cost of a replacement), but a corrosive force that poisons the workplace environment, demoralising honest colleagues who must cover for the absent employee. Often, the employer knows exactly who is lying but feels powerless in the face of a medical certificate.
The reality is different: a medical certificate is not an impenetrable shield. The Supreme Court (e.g., Judgment No. 17113/2016) has established that feigning illness or engaging in activities incompatible with recovery irreparably breaches the bond of trust, justifying summary dismissal. Arcadia Company provides objective evidence—not opinions—to demonstrate that the illness is non-existent or that the employee is deliberately delaying recovery.
When Illness Becomes 'Fraud'?
Being unwell on paper is not enough. An employee on sick leave has clear obligations, including not jeopardising their own recovery. Our investigations identify three main categories of misconduct:
- Moonlighting: The employee works (often off the books or for competitors) while on sick leave, paid for by the company and the National Institute for Social Security (INPS).
- Incompatible Activities: The subject declares incapacitating conditions (e.g., chronic back pain, depression) yet is recorded engaging in sports, home renovations, or holidays.
- Total Simulation: The employee is perfectly healthy and is using sick leave as “additional holiday”.
Tax audits are not enough
INPS inspections follow set schedules and can be easily circumvented. A private investigator, by contrast, operates outside standard availability hours and at weekends—precisely when the so-called 'fake sick' individual feels free to go out and engage in personal activities. The evidence gathered by our agents (video footage, photographs, reports) holds full legal weight in court and overrides the presumption of authenticity of a medical certificate.
Case Histories
Case Study: Exposing Fraudulent Illness and Moonlighting
Sector: Logistics and Transport | Location: Province of Milan
1. The Issue (Suspected Absenteeism)
A client company detected a suspicious pattern of absences involving a warehouse employee. The individual repeatedly submitted medical certificates for 'severe acute lumbosciatica', almost invariably coinciding with seasonal work peaks or weekends. Despite INPS (National Social Security Institute) spot checks, the employee was consistently found at their residence, rendering standard health inspections ineffective.
2. Investigative Strategy (Arcadia Protocol)
We have initiated Dynamic Surveillance outside the scheduled availability windows for medical inspections.
- Surveillance: Operatives conducted surveillance on the subject from 18:30 (end of availability window).
- Surveillance: The subject was observed leaving their residence in a vehicle not registered in their name.
- Surveillance: The employee was tailed to a private construction site in northern Milan.
3. Findings and Evidence Collected
High-resolution video and photographic evidence has confirmed that:
- The employee, officially on sick leave for back pain, was in fact engaged in loading and unloading heavy construction materials.
- He was engaged in undeclared “moonlighting” for a third-party company, severely compromising his recovery.
- The footage revealed agility and physical exertion entirely inconsistent with the medical diagnosis submitted to the company.
4. Legal Conclusion
The company has received a Certified Investigative Dossier, complete with sworn report.
Outcome: Immediate dismissal for just cause (no notice period).
Just cause: The Court of Cassation confirms that such conduct breaches the bond of trust and constitutes fraud against the social security system and the employer.
How We Trap the 'Fake Illness' Fraudster
A discreet and decisive investigative protocol for fraudulent absenteeism.
Profiling and Behavioural Patterns
We analyse the history of absences: recurring days (Mondays/Fridays), coinciding with long weekends or holiday refusals. Absenteeism often follows a predictable pattern.
Dynamic Surveillance
We monitor the employee from the early hours of the morning. Should they leave their residence—particularly during visiting hours or immediately afterwards—we conduct discreet surveillance to document their movements and activities.
Video Evidence and Documentation
We gather irrefutable evidence: the employee lifting heavy objects despite claiming a “bad back,” the one working at their spouse’s shop, or the one playing five-a-side football.
Sworn Statement
We deliver a comprehensive, chronological investigative dossier. Should legal proceedings arise, our investigators will testify in court to confirm all observed and recorded evidence.
Frequently Asked Questions About Absenteeism
Clarifications on privacy, covert monitoring, and wrongful termination.
Is it legal to monitor an employee on sick leave?
Yes, absolutely. The Workers' Statute prohibits direct health checks (which fall under INPS jurisdiction), but the Supreme Court of Cassation upholds investigative monitoring of off-duty conduct that demonstrates the absence of illness or undermines recovery.
Is an employee liable to disciplinary action if they leave the premises outside of visiting hours?
It depends on what they are doing. Leaving the house is not a crime, but if they engage in activities that delay recovery (e.g., performing heavy labour with an orthopaedic condition), they breach their duty of loyalty and good faith, justifying termination of employment.
Are you working for another company while on sick leave?
This is the most serious case. It constitutes fraud against the INPS and a severe breach of the non-compete and loyalty agreement. Dismissal for just cause is virtually automatic.
How much does an investigation into absenteeism cost?
The cost is a fraction of what it takes to retain a disloyal employee for years. We offer packages with varying days of observation, sufficient in most cases to gather the necessary evidence.
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Based in Milan, operational across Italy
Our investigative agency is strategically located in Sesto San Giovanni, in the province of Milan. From here, we coordinate nationwide investigations, ensuring prompt and direct intervention across key Lombardy provinces and Northern Italy.
