Legal Framework for the Surveillance of Employees

Employers and employees are sometimes guided by differing interests. If an employee unlawfully enriches themselves at the expense of their employer or even deliberately harms the company, for example by disclosing trade secrets, the business is quickly faced with the question of to what extent the employee may be monitored by private investigators in order to prove the misconduct before a court.

The Kurtz Detective Agency Nürnberg and Franconia provides an overview of this topic below.

Which Methods May Be Considered?

In order to determine whether an employee, for example, is stealing valuable specialist books, taking longer breaks than permitted or maintaining contacts with competing companies, an employer may commission a commercial and private detective agency to carry out discreet surveillance of the employee. The Nürnberg detectives of Kurtz Detective Agency rely on numerous flexibly deployable investigative methods in their assignments: depending on the circumstances, and in consultation with company management, they may infiltrate an undercover investigator into the relevant department of the business, monitor the suspect in public areas, for example during field service or while on sick leave, and, where legally permissible and tactically appropriate, use technical aids such as video surveillance.

Most frequently, the services of commercial detectives from Nürnberg are requested to investigate feigned illness, unauthorised secondary employment, false expense and time claims, as well as internal theft. By deploying a detective, a company can put a stop to employee misconduct and thus prevent further damage; however, not everything is permitted.

Under Which Conditions May Employees Be Monitored?

Employment law has set very strict criteria in this regard. At the top of the list of restrictions are data protection and the employee’s right to privacy. Interference with these rights is only permissible if there is a concrete indication that the employee has repeatedly breached their duties or committed a criminal offence. A mere suspicion that, for instance, a field service employee might be spending their working hours in the garden instead of with customers is not sufficient if this suspicion is based solely on a feeling and cannot be substantiated.

Before a detective may be commissioned to observe an employee, it must be ensured that the suspicion cannot be examined by less intrusive means. However, employment law recognises only very few such means, since even monitoring methods that do not necessarily require commissioning a detective agency are, for the most part, prohibited for data protection reasons or only permitted to a very limited extent. This applies, for example, to covert video surveillance in the workplace or the use of GPS technology without prior notification of the employee. In many cases, the only remaining milder measure is questioning the employee by a superior. As the vast majority of delinquent employees are unlikely to confess their actions honestly, this method generally has little prospect of success. Consequently, there is often no alternative but to involve investigators such as our private detectives for Würzburg, Bamberg and the entire Franconia and Upper Palatinate region. Tip: Further information on the permissible grounds for employee surveillance can be found on the website anwaltarbeitsrecht.com.

Choosing Quality Pays Off.

Employees may consult a specialist employment lawyer if they believe they have been subjected to disproportionate surveillance by a detective engaged by their employer. If an employee challenges their dismissal before a court, the company must demonstrate that the use of the detective agency was proportionate and necessary. For this very reason, it is essential not to commission an unqualified investigator with questionable legal knowledge, but to ensure the seriousness and professionalism of the detective agency.

The Nürnberg private detectives of Kurtz Detective Agency are qualified and experienced specialist investigators who can competently and lawfully advise affected entrepreneurs in order to obtain evidence that will stand up in court. Anyone wishing to commission a detective should always verify the qualifications and references of the detective agency or its owner in advance.