Why should I hire a private investigator?

Monitoring of employees Investigative methods: Detectives are allowed to do that - and not

Labor law - 08/22/2017

Entrepreneurs are not left helplessly exposed to unfaithful or fraudulent employees. Employees can be monitored with the help of detectives. However, not every method is allowed. Detectives are allowed to do that when monitoring employees - and not.

by Marcus Creutz Topic channels: TS Detective and TS Labor Law
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With the help of detectives, bosses can monitor employees who they think are acting unfaithfully or criminally against the company. However, not every method is allowed. The overview shows: Detectives are allowed to do that when monitoring employees - and not.

Monitoring criminal employees: detectives are allowed to - and not

Bugging apartmentsMillions of small bugging transmitters are installed in private homes, vehicles and cell phones in this country. Whether a horny husband or a cheated company boss: The secret wiretapping of people is clearly illegal. The evidence obtained from this cannot be used in court.
DNA examinationsSince the Genetic Diagnostics Act came into force, DNA analyzes may only be commissioned with the consent, i.e. prior consent of the person concerned. Detectives and employers who misuse DNA tests to establish identity are liable to prosecution.
Forced entry into other people's homesKicking doors or manipulating locks with subsequent entry of someone else's apartment to look for evidence there is an offense of trespassing and property damage. The monopoly of force rests exclusively with the state. There is no place for vigilante justice in a democratic constitutional state. The judiciary alone is responsible for searching homes and confiscating evidence.
Secret video recordingsIn principle, detectives are not allowed to secretly install video cameras in business premises for their customers. This can only be temporarily permitted if there is a specific suspicion of theft. It must be clarified on a case-by-case basis how long and at which points observations can be made.
Photo shootingPhotographing the respective target person quickly violates their personal rights. If the bricklayer celebrates sick and works at the same time on the son's construction site, he may be photographed. If, on the other hand, he only goes for a walk with his wife, the right to one's own picture takes precedence. The reason: depending on the illness, walking may be permitted.

Jens-Uwe Stelldreier can actually rely on his knowledge of human nature after more than 25 years of work. But when the board of directors of Dorstener S3watch AG found out that one of his employees was wooing customers during working hours and offered them the revision of high-quality watches at a dumping price, he was unsettled for a short time. "First of all, I talked about it with friends who advised me to hire a private investigator," recalls online shop operator Stelldreier.

Detective lays bait to unfaithful employees

The detective Jochen Meismann, managing director of A Plus Detektiven, knew what to do right away. He built three catch addresses into the client's customer database. As expected, the unfaithful employee liked the bait, so that a short time later he fell into the trap and then had to look for a new job. "I would never have thought of that. The simplest ideas are often the best", says Stelldreier, who wants to use the services of Jochen Meismann again in the future, should he ever find himself in a similar situation. He is not alone in this attitude. According to a representative study by the portal Immowelt.de, 81 percent of Germans would permanently install a video camera in their apartment in order to arrest thieves and to be able to control craftsmen and babysitters at any time. If you believe the numbers, the need for security and control seems to supplant moral concerns.

Facts worth knowing about the profession of detective

  • There are 1,600 detective agencies subject to VAT in Germany.
  • 250 million euros They generate sales.
  • 70 to 80 percent their orders come from business.

Every fifth employee celebrates sick

In the handicraft industry, too, secret investigation methods are not taboo. According to an online survey by craft magazine 48.5 percent of the readers would hire a private detective to convict an employee doing the blueing, the other half strictly reject it. Jochen Meismann confirms: "Most of the new orders come from the trades. Baker or bricklayer: Who can earn more money while being sick? ", Jochen Meismann explains the reason why craftsmen are among his best customers." Celebrating sick leave annoys every boss. After all, morale in the company sinks. In addition, in the worst case scenario, not all orders can be processed. ”In order to avoid this, many a craft entrepreneur spends money on a detective as a precautionary measure.

Employee crime: master detectives help the craftsmen

According to estimates by the Research Institute for the Future of Work (IZA), one in five employees subject to social insurance in Germany called in sick for no reason in the past year. The fee rates at Jochen Meismann's agency are between 55 € and 120 € net. "Different services lead to different prices. It's no different in the trades," he explains. Andreas Simon, President of the Association of German Detectives (VDD), estimates that anyone who has a suspicious person observed for over a day will cost around 1,000 euros. If a second investigator is called in because there is a back door or there is a risk that the target person escapes with the car, the daily rates increase according to the investigation effort.

Blaumacher pays detective fees

But the money is not lost immediately. The client can demand it back from the unfaithful employee, if the involvement of Matula & Co. was necessary for legal prosecution. In addition, the snoop has to obey the law. Because the observed employee does not have to pay for prohibited investigative methods. The same goes for a woman whose ex hired a private detective to prove that she had a marriage-like relationship with another man. This would have reduced the maintenance burden considerably. Because the private detective secretly attached a GPS device to the woman's vehicle, the BGH rejected the ex's obligation to bear the costs because of a disproportionate impairment of privacy. The judges believed that face-to-face monitoring was the less intrusive method of investigation compared to a comprehensive exercise profile.

Detective is not a protected job title

Disciplining private investigators on the cost side is certainly the right thing to do. Whether that is enough to sift out the many black sheep, however, must be doubted in view of the numerous scandals in recent years in which detectives at Telekom, Deutsche Bahn, Lidl and other companies played an inglorious role. Detective is an unprotected job title. The majority of independent investigators are not even members of a professional association. This wild growth is probably one of the reasons why, according to a report by the Frankfurter Allgemeine Sonntagszeitung, an unimaginable three million bugs are to be installed in this country. But insiders still consider this to be an understatement. "Three million bugs seem very tight to me. There are many dealers who offer this. I can think of 50 spontaneously. That is why eavesdropping protection is very often asked," says Jochen Meismann, describing the depressing situation. While the German public is upset about the NSA scandal, the eavesdropping on the Chancellor's cell phone and the spying of the BND by a German spy worker in the service of the USA, the fact that the private sector is apparently unrestrained without any regard for the privacy protected by the Basic Law goes completely under being spied on.

Important: avoid black sheep

To avoid this, the detective profession is regulated in other European countries. In Germany, the legislature has so far not been able to bring itself to restrain private snoopers. It is all the more important to choose a professional investigator. Craftsmen should keep their hands off private detectives who work at dumping prices. Reputable investigators have current references and are members of a national or international detective association. In addition, these detectives know exactly which methods are allowed in their investigations and which are not.