Is it possible to use investigation services to find out if one of my employees is actually ill when off from work?

With sentence number 17113 of 2016, the “Court of Cassation” (the highest court of appeal in Italy) states that the use of private investigators by the employer to find out whether the employee’s illness is true is legit. In this way the employer can use private investigators to find out whether what is written on the employee’s disease certificate is true or not.

According to the judges of the Supreme Court, if the employer deems it is appropriate, he has the right to recourse to a private investigator to check whether the report on the certificate of illness is reliable and credible. 

Can the abuse of the Law 104 permits be verified with the support of a private investigator?

The employer who has a well-founded suspicion that the employee is using the permits of law 104 for purposes other than assistance to the relative, can check it through the private investigator: the evidence gathered can be used to justify dismissal.

The employer can hire a private investigator to stalk the employee if he has a well-founded suspicion that he is not benefiting from the law 104 in a proper manner.

Furthermore, if investigations reveal that the employee actually uses the permits for activities other than those permitted, the employer can legitimately proceed with dismissal.

The Supreme Court has stated several times that the improper use of the permits from the law 104, like going on vacation or even carrying on another job, is an abuse of rights and is therefore an offense for which the employer can proceed with control activities , also through a private investigator.

The permits of the law 104 are in fact granted to the worker for the assistance of a relative with a disability and not to take care of his own personal interests, causing the detriment on the company.

Can an employer hire a private investigator to monitor the employee?

The control is permitted if there is a well-founded suspicion that the employee is committing an offense and it is therefore necessary to protect the company assets (for example from theft, tampering of badges, files or other corporate assets embezzlement, etc..).

On the other hand the Statute of Workers forbids  the control of the correct performance of duties. The employer cannot monitor employees in order to verify the fulfilment of the obligations expected from the contract. 

Why hiring a private investigator for supposed marital infidelity?

To solve the doubt of a supposed infidelity: this investigation aims to verify whether or not the partner betrays the reciprocal relationship of trust sustained by the marriage. Discovering what is really happening (or not happening) is fundamental to ensure the progress of an emotional relationship. We recall that the evidence collected by us can be used  in court. 

Is it legal to install spy software on your partner's smartphone without him or her knowing it?

    • In Italy, installing spy software called “Spyphone" in the mobile phone of an unsuspecting person and therefore not consenting means committing at least two types of crimes prescribed by the Criminal Code, such as:

– Article 615 Bis of the CP: “Illicit interference in private life" . Provided from six months to four years imprisonment.

– Article 617 of the CP: “Illicit communication of communications or conversations". Provided from six months to four years imprisonment.

Therefore we strongly recommend to avoid using these spy systems and pay attention if they have been installed on your personal devices. 

What are “pre-marriage inspections” and what are the useful for?

There are a set investigations, which allow the client to get to know the current (and past) family situation of his or her current partner. The informative report aims to clarify dubious situations before taking definitive steps, like getting married or having a child.

Investigations for abnormal behavior, can they be done?

This type of investigation is necessary whenever there are situations of doubtful behavior, can be activated against any subject and for any reason as long as it is within the limits of legality.

Investigations for separations and divorces, what are they for?

Investigations and investigations concerning separations and divorces are aimed at verifying and documenting a situation created within a couple that does not allow the continuation of the relationship. The investigation allows to shed light on possible responsibilities of the fundamental partner in the judgment, for the purpose of a just separation of family assets or a fair resolution of the relationship with the children.

Clarifying and documenting certain problems can indeed assume extremely important importance when the assignment of children, especially if they are minors, will be established in court.
The evidence collected by us is valid in court. 

Surveys for child custody may be necessary?

Yes. Child custody investigations are aimed at parents who believe that an unjust provision has been made by the judge regarding custody of minors. 

They are also addressed to all those who feel the need to prove and document the incorrect behavior of a person entrusted with minors.
The evidence collected by us is valid in court.

Investigations for minor and anti-drug defense. How to find out if our children use drugs?

This type of investigation is aimed at parents who fear that their child can run dangers of various kinds both in the field of drugs and in the world of crime in general.

These surveys can also be implemented for preventive purposes and to clarify any situations of potential risk, such as verifying what type of attendance their children have.

Is it possible to shed light on disputes over an inheritance?

Investigations in the field of inheritance have the purpose of clarifying when situations arise that are controversial with respect to the benefit of an inheritance.

All those who consider themselves to have undergone unjust treatment (for example, unrecognized children as born out of wedlock) may be called upon, or whenever there is evidence of misconduct, negligence or concealment of goods or money.

Investigations tracing missing persons, is it worth it?

These investigations are aimed at gathering, with the utmost speed, every possible clue useful for finding people who disappear without trace every year.

Our research can also support investigations initiated by law enforcement agencies because in these situations the immediacy of interventions is crucial for a positive result. 

Can a verification of the consistency of assets be important?

This type of investigation can assume significant importance because it is aimed at identifying the exact heritage of a subject, trying to highlight even hidden heritage.

It is used in civil cases of judicial separation or divorce or in any other situation where it is necessary to accurately identify the assets of a subject.