Employee Investigations in France

Employee Investigations for Employers in France

When a company suspects serious employee misconduct, acting on assumptions alone can create significant legal and operational risks. Before disciplinary action or litigation is considered, the employer may need reliable factual information about what is actually occurring.

Visiopole Investigations assists French and international employers in establishing facts through lawful investigative methods. Assignments are defined according to the company's legitimate interests, the information already available and the proportionality of the proposed measures.

For broader business-related matters, see our corporate investigations in France service. International legal professionals can also consult our page dedicated to private investigations for international law firms in France .

What Types of Employee Misconduct Can Be Investigated?

Employee Investigations and French Employment Law

France provides significant protection to employees, including protection of privacy and personal rights. An employer therefore cannot use a private investigator to conduct unlimited surveillance or to explore an employee's private life without a legitimate connection to the employment relationship.

The investigative objective must be clearly defined. Measures should be necessary for that objective and proportionate to the interests being protected. The circumstances of each case are important, particularly where the findings may later be used in employment proceedings.

Investigating Suspected Unauthorised Work During Sick Leave

A period of sick leave does not automatically justify an investigation. An employee on medical leave retains privacy rights, and the medical reason for the absence is protected information.

However, a different issue may arise where an employer has objective reasons to suspect conduct that directly affects its legitimate interests—for example, an employee allegedly carrying out competing professional activity, diverting clients or working for another business in circumstances potentially incompatible with contractual obligations.

In such cases, the investigation must focus on the relevant professional conduct rather than the employee's medical condition or private life. Legal advice should be obtained before disciplinary action is considered.

Investigating Client Diversion and Competing Activity

Client diversion can be particularly damaging when an employee has access to customer relationships, pricing information, commercial strategy or other sensitive business information.

Concerns may arise when clients unexpectedly move to another business, an employee develops an undisclosed competing activity, or business opportunities appear to be redirected to a company connected with the employee.

Depending on the circumstances, an investigation may combine corporate research, OSINT, field enquiries and surveillance to establish relevant factual elements.

Where the conduct also involves a competitor or former employee, the matter may form part of a broader unfair competition investigation.

Employee Theft, Fraud and Misappropriation

Internal misconduct may involve company goods, equipment, confidential information, funds, business opportunities or other resources. The first difficulty for an employer is often distinguishing suspicion from evidence.

An independent investigation can help establish relevant facts, identify relationships between individuals or companies and document conduct that may require further action.

If the suspected conduct may constitute a criminal offence, the employer should coordinate with legal counsel regarding any complaint or referral to the competent authorities.

Conflict-of-Interest Investigations

An employee or executive may have an undisclosed interest in a supplier, customer, competitor or other company with which the employer conducts business. Such relationships do not automatically establish misconduct, but they may justify further examination where there is a legitimate concern.

Corporate records, professional information and OSINT can help identify companies, management roles and business relationships. These findings can then be assessed alongside the employee's contractual obligations and the company's internal policies.

Investigating a Breach of a Non-Compete Clause

A non-compete clause may restrict certain professional activity after the employment relationship ends, provided that the clause satisfies the requirements applicable under French law.

Where a former employee is suspected of breaching a valid obligation, an investigation may seek to establish factual information concerning professional activity, involvement with a competing company, client relationships or other relevant circumstances.

The investigator does not determine whether the clause is legally enforceable. That assessment belongs to legal counsel. Our role is to establish factual elements that counsel can analyse.

Surveillance in Employee Investigations

Surveillance can sometimes provide useful factual information, but it is not automatically appropriate in every employment dispute. Its use must be connected to a legitimate objective and remain proportionate.

Where surveillance is justified, investigators may document relevant observations occurring in circumstances where the investigative measure can lawfully be conducted.

We do not conduct intrusive investigations into an employee's purely private life, and we do not use unlawful methods to obtain protected information.

OSINT and Corporate Research

Many employee investigations begin with open-source intelligence. Corporate registers, professional websites, business information, public publications and other lawful sources may help establish whether an employee has links with another company or professional activity.

OSINT can also help identify connections between employees, former employees, competitors, suppliers or newly created businesses.

Digital findings should be carefully verified. A name appearing online or a social-media connection is not, by itself, proof of misconduct. Cross-checking and contextual analysis are therefore essential.

Evidence for Employment Litigation

Where an employee investigation may lead to dismissal, disciplinary action or litigation, the manner in which evidence is obtained is particularly important.

An investigation report can provide counsel with factual information, observations and supporting material. However, the admissibility and evidential weight of those findings ultimately depend on the circumstances, the methods used and the relevant legal proceedings.

For this reason, early coordination between the employer, employment lawyer, private investigator and, where appropriate, a commissaire de justice can be valuable.

A CNAPS-Authorised Private Investigation Agency

How an Employee Investigation Works

1. Confidential initial discussion.
   The employer, HR department or lawyer explains the suspected conduct, the available information and the objective of the investigation.
2. Assessment of legitimate interest.
   We determine whether the proposed investigation falls within a legitimate professional objective and whether investigative measures can be considered.
3. Definition of a proportionate strategy.
   The scope and methods are adapted to the facts that need to be established, rather than conducting unnecessarily broad enquiries.
4. Investigation.
   Authorised research, OSINT, field enquiries or surveillance are carried out according to the agreed strategy.
5. Structured report.
   Relevant findings are documented chronologically and supported, where appropriate, by photographs or other lawfully obtained material.
6. Legal assessment.
   The employer and its counsel determine how the findings should be used and whether further employment, civil or criminal measures are appropriate.

Employee Investigation Reports in English

International companies may require the investigative findings to be understandable by decision-makers outside France. Reports can therefore be prepared in English when required.

Depending on the assignment, a report may include a chronology of observations, corporate research, OSINT findings, photographs and other relevant factual elements.

The report distinguishes observed or verified facts from assumptions and does not replace the legal analysis of employment counsel.

How Much Does an Employee Investigation Cost in France?

Costs depend on the nature of the suspected conduct, location, investigation duration, number of investigators required and whether the assignment involves OSINT, field enquiries, surveillance or several methods.

A detailed quotation is provided once the facts, objectives and appropriate investigative strategy have been assessed.

Employee Investigations Across France

Visiopole Investigations is based in Paris and conducts investigations throughout Paris and the Île-de-France region, as well as elsewhere in France according to the requirements of the case.

For international companies with French subsidiaries, offices or employees, we can act as a local investigative contact and coordinate the assignment with the company's HR department, legal department or external counsel.

Why Employers Choose Visiopole Investigations