Infiltration in the workplace

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Regardless of the work environment, a number of sensitive issues could require a more in-depth investigation of an employee or a group of employees. Undercover infiltration can become an essential method of investigation when either a climate of intimidation has been created in the organization but the employer is unable to obtain a formal denunciation or when illegal activities are taking place but the employer has no way of identifying the perpetrator.

Securi-Check Group offers undercover services in the workplace as a partial solution to a majority of these sensitive situations. More specifically, in the event of any reasonable doubt as to the integrity of an employee or any other member of the organization or in cases where other investigative methods have failed to confirm the information being investigated; this service provides the means to either confirm or dismiss any hypothesis for litigation.

In other words, an undercover operation can help shed light on who could be engaging in disloyal acts by leaking the company’s secrets to third parties. It also allows us to verify the nature of activities conducted in the work place by an employee suspected of not performing the tasks for which he was employed. It can also uncover if one of the team members is consuming alcohol or drugs during working hours or in the work place. These are just but a few examples of the situations that might justify the use of undercover investigations at the work place but it is safe to say that the situations are as varied as the different types of employees that exist in any given company.

The results of undercover investigation are admissible in a court of law as long as their use is proportional to the desired results and all other less intrusive investigative techniques previously employed, failed to achieve the expected results.

Here is a more detailed list of situations that could warrant an undercover operation in the work place:

  • Theft and fraud
  • Substance abuse and drug trafficking in the work environment.
  • Harassment and work place bullying
  • Sabotage
    • Unfair competition and the misuse of the organization’s internal resources.

There are a number of things to take into consideration regarding the scope and limitations of work place surveillance.

  • The decision to investigate an employee cannot be made in a random manner as it can lead to the invasion of their privacy if carried out in an improper manner.

Undercover Investigation in the Work place

  • For this reason, the employer must provide a list of reasonable grounds to support their decision. These reasons must be established beforehand and must not only come up as a result of the investigation.
  • It is important for the employer to try other methods prior to choosing to place an employee on surveillance.
    • The surveillance must be carried out in a manner such that the invasion of the employee’s privacy is limited and the investigation remains proportional to the gravity of the alleged offence.

In case of doubt, Securi-Check reserves the right to refuse to take on surveillance or an undercover operation or can ask the employer to obtain a court order to:  justify the necessity of the investigation, demonstrate that other methods were exploited prior to the investigation and that the undercover operation is proportional to the gravity of the situation.

The fact that Securi-Check accepts to take on an undercover operation does not in any way, replace the legal opinion in regards to the legality and validity of the motives that led to the investigation or the limitations applicable to the use of the information collected as evidence.

Certain undercover investigation techniques may require informing the police, especially when dealing with cases of drug trafficking. In the event of that, Securi- Check will discuss the infiltration procedures and the details of the terms of reference for the mandate before undertaking the necessary procedures.

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