Double Work Investigations

An employee absent due to illness found to be working for another employer, even if it is a family member. Does this conduct justify dismissal with just cause?

The law is consistent in acknowledging the legitimacy of dismissal with just cause in all cases in which an employee who, during a period of illness, carries out a work activity (being even more serious if being compensated “off the books” or in competition with the employer company, or by failing to fulfil their duty of confidentiality), being incompatible with the pathology declared by delaying their timely recovery and postponing their return to service. Such conduct is, in fact, so serious as to irreparably damage the relationship of trust that should exist between the worker and the employer, as it presupposes a violation of the duties of diligence, loyalty, good faith and correctness to which the employee is bound.

The percentage of employees who leave their workplace to carry out a second job is rather significant, to the detriment of the company not only in economic terms, but also in terms of productivity and competitiveness on the market.

Inside Agency defends its clients in cases of internal and/or external attacks in order to ensure an adequate protection of company assets by identifying the perpetrators of such offences.