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Abusive work stoppage

What is an abusive work stoppage?

An abusive work stoppage is when it is unjustified from a medical point of view. The employee then will take advantage of sick leave benefits given without a valid medical reason. Not only does abusive sick leave represent a loss for the company, but it also constitutes a fraud against the Health care national insurance since the employee will benefit from daily allowances. Legally, the employee must respect certain conditions to validate the notice of sick leave.

Who has the right to initiate an investigation on a work stoppage case?

An employer who has suffered damage due to the absenteeism of an employee can call on a private investigator to carry out an investigation into a dispute related to an abusive work stoppage.

What are the methods used by a private investigator on an abusive work stoppage?

The private detective will be able to set up various means of investigation such as tailing services , surveillance, or an administrative investigation regarding the employee concerned to proove that the work stoppage was not justified.

The private investigator will thus be able to:

  • Investigate the real health condition of the employee by checking, for example, that he does not play golf when he is not working due to back problems, etc.
  • Prove the validity of the sick leave.
  • Verify the activity of the employee or highlight the practice of an unauthorized activity.
  • Check that the employee respects the conditions related to his sick leave such as his schedule. An employee on sick leave is supposed to stay home most of the time.
  • Witness a serious offense like working with another company or a competitor during the work stoppage.
  • Organize a medical check-up at the appropriate time.

Why calling on a private investigator on an abusive work stoppage?

When the private investigator has provided evidence in a case of abusive work stoppage, the employer may then stop the payment of additional compensation, proceed with disciplinary sanctions or even, in certain exceptional cases, carry out a termination procedure. The evidence provided by the private detective in an abusive sick leave case can also be used in front of the Labor Court in a litigation.

How much does cost of hiring a private investigator on an abusive work stoppage file?

On those cases we recommand to our clients daily flat rate packages .Do not hesitate to call us. We will study and analyse your file to provide you with a detailed estimate tailored to your needs and goals.


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