Employee Breach of Trust: The Essential Role of a Private Investigator

As Clara, a senior private investigator at My Own Detective, my expert perspective is often sought for complex cases, particularly those affecting a company’s integrity. Among these, employee breach of trust stands out due to its insidious nature and the significant damage it can cause. This isn’t mere misconduct; it’s a serious offense that undermines the very foundation of the employer-employee relationship: trust.

Dealing with an employee breach of trust is challenging for any management team. It can lead to significant financial losses, of course, but also to a deterioration of the workplace climate, the leakage of sensitive information, and potentially severe damage to the company’s image and reputation.

Precisely understanding what this breach is, the forms it can take, and crucially, knowing how to react appropriately and effectively is absolutely essential. My role, and that of my colleagues at My Own Detective, is precisely to provide this clarity and the necessary evidence to enable companies to defend themselves.

In this article, we will jointly break down the legal definition of employee breach of trust, illustrate the situations we encounter in the field with concrete examples, detail the key elements that constitute this offense in the eyes of the law, and explain the steps employers should follow. You will discover why and how the intervention of a licensed private investigation agency like ours becomes an indispensable asset in these workplace and business protection investigations. We will explore the major stakes for your organization and effective prevention strategies, while highlighting the crucial importance of solid evidence in any legal procedure.

Buckle up, the investigation begins.

Key Takeaways: Unmasking Employee Breach of Trust

• Employee Breach of Trust is a criminal offense defined by French Penal Code Article 314-1, involving the misappropriation of assets, funds, or information entrusted to an employee for a specific use, causing harm to the company.
• Concrete examples include fund misappropriation, abusive use of company property, or transmitting confidential information to competitors, falling under the umbrella of workplace fraud.
• To prove employee breach of trust, four elements are indispensable: a prior transfer of the asset “on a precarious basis”, an act of misappropriation, documented harm to the company, and the employee’s fraudulent intent.
• Upon suspicion, the employer must act methodically: gather evidence, conduct interviews while respecting the employee’s rights, and consider disciplinary sanctions (up to termination for employee gross misconduct) or legal action (criminal and civil).
• Engaging a licensed private investigator is often essential to gather legal and solid evidence (surveillance, cyber investigation, information retrieval) admissible in court.
• The consequences of employee breach of trust extend beyond direct financial losses, also impacting reputation, trust climate, and overall business protection. Prevention (internal controls, awareness) is crucial.
• Investigation reports from licensed detectives like My Own Detective provide the factual elements needed for legal and disciplinary proceedings, thereby defending employer rights.

Table of Contents

• Defining Employee Breach of Trust
• Concrete Examples of Workplace Fraud and Breach of Trust
• Elements Constituting the Offense of Employee Breach of Trust
• Employer’s Reaction: How to Act When Facing Employee Breach of Trust?
• The Key Role of a Private Investigator in Combating Employee Breach of Trust
• Business Challenges and Prevention Strategies for Workplace Fraud
• How Licensed Detectives Make a Difference in Investigations
• Conclusion: Acting with Determination and Professionalism
• FAQ on Employee Breach of Trust and Private Investigations

Defining Employee Breach of Trust

Breach of trust is a serious offense, clearly defined and sanctioned by the French Penal Code. It originates from the betrayal of previously granted confidence. Fundamentally, it involves the misappropriation of assets, funds, or values that were entrusted to a person within a specific contractual framework, with the obligation to use them in a certain manner or to return them.

French law, specifically Article 314-1 of the Penal Code, is very clear on this matter:

“Breach of trust is the act by a person of misappropriating, to the prejudice of another, funds, values, or any property that have been delivered to them and which they have accepted with the obligation to return, present, or use for a determined purpose.”

This means that the asset (whether it’s a sum of money, a material object, a document, or even confidential information) was entrusted to the individual not as a gift, but within a framework where its use was strictly defined, either temporarily or for a specific objective. The individual, instead of respecting this initial commitment, knowingly decides to use this asset in an unauthorized manner, for their own benefit or that of a third party, thereby causing harm to the person who entrusted them with the asset.

In the specific context of a company, employee breach of trust takes on a particular dimension. It occurs when the employment relationship, based on mutual trust, is exploited by the employee. The employee, by virtue of their position, receives assets, access, or information necessary for the performance of their employment contract. The delivery of these elements is done “on a precarious basis”, meaning they do not become the owner but have temporary use or responsibility for carrying out their duties. This is distinct from theft, where property is taken without prior consent.

If this employee knowingly decides to misappropriate these assets, funds, or information for their own benefit, or to harm the company, they commit employee breach of trust, often manifesting as workplace fraud or employee embezzlement. The prior transfer here is the employment contract and associated responsibilities. The misappropriation is the use contrary to the defined professional purpose. Breach of trust in employment relationships is a particularly insidious offense because it exploits the vulnerability arising from the relationship of subordination and the trust granted. Legal resources like Éditions Tissot further elaborate on this legal definition.

It is crucial to distinguish breach of trust from other offenses like theft. In the case of theft, there is fraudulent taking without prior transfer. For breach of trust, the asset was voluntarily given to the perpetrator, but it is the subsequent use that is illegal. This nuance is fundamental legally and influences the criminal classification of the acts.

Case law has clarified that breach of trust can apply to both tangible and intangible assets. The misappropriation of confidential information, customer files, manufacturing secrets, or the abusive use of paid work time by the company for personal or competing activities are all possible forms of this breach. The employee uses their position and the means made available to them for their own purpose, which contradicts the employer’s interest. As highlighted by Coursange Avocats, misappropriation alters the intended purpose of the asset.

The legal definition therefore involves a voluntary transfer, a determined purpose for this transfer, and a subsequent act of misappropriation committed in bad faith. It is the rupture of the initial trust that characterizes the offense, making it a significant challenge in workplace investigations and business protection.

Concrete Examples of Workplace Fraud and Breach of Trust

In the field, situations of employee breach of trust and related workplace fraud are unfortunately diverse. They can affect all sectors of activity and all hierarchical levels. My job is to identify these actions, even the most discreet ones, and document them precisely. Here are some typical cases we frequently encounter, often requiring financial investigations or corporate investigations:

• Fund Misappropriation and Financial Malfeasance: This is one of the most classic examples of employee embezzlement. An employee with access to company accounts, the cash register, or responsible for financial transactions, diverts sums of money for their own benefit. This can involve unauthorized transfers, fraudulent expense reimbursements, cash register manipulations, or the issuance of fraudulent checks. These financial investigations are complex as they often require a meticulous analysis of money flows.
• Retention of Customer Payments: A sales representative or client manager receives payments (checks, cash) and fails to fully record them, or records them at all, within the company’s accounting system. They then keep a portion or the entirety of the sum for themselves. This is a direct diversion of money intended for the company, a clear form of employee breach of trust.
• Abusive Use and Misappropriation of Company Property: The company provides its employees with tools, vehicles, laptops, phones, various equipment for carrying out their duties. Abusive use can take the form of excessively personal use (intensive internet browsing unrelated to work, use for a second job) or even outright misappropriation (resale of computer equipment, use of a company car for unauthorized personal trips or as a private taxi).
• Transmission of Confidential Information or Data Theft: An employee has access to sensitive data: customer files, strategic databases, formulas, manufacturing processes, business plans, financial data, information about future projects. Instead of using them for the company’s benefit, they copy, transmit, or sell them to a competitor. This is a form of betrayal that undermines business protection and can be akin to industrial espionage or unfair competition. Counterfeiting can also result from this type of abuse.
• Misuse of Work Time: The time during which an employee is available to their employer is a resource that the company pays for. If an employee uses this time to develop their own business, work for a competitor, or devote themselves to significant personal tasks (managing other affairs, long hours on social media unrelated to work), there is a diversion of this resource. Proving the misuse of work time is a typical mission for a private investigator in a workplace investigation.
• Unauthorized Offering of Company Goods: An employee with access to company inventory or products distributes them for free to relatives without authorization, or fraudulently uses the employee discount policy for third parties.

These concrete examples of employee breach of trust in business illustrate that the offense is not limited to classic financial misappropriation. It encompasses any situation where an employee abuses the means (material, intangible, time-related) provided by the employer for professional reasons, using them for personal purposes or purposes contrary to the company’s interests. The central element remains this rupture of the moral and legal contract related to the “precarious” transfer of the asset or resource. Understanding these forms is key to effective business protection and tackling workplace fraud.

The extent of the harm can vary considerably, from a few hundred euros in small, regular misappropriations to millions in cases of organized fraud or major industrial secret leaks. Regardless of its scope, employee breach of trust must be treated seriously, often requiring professional evidence gathering.

Elements Constituting the Offense of Employee Breach of Trust

For an act committed by an employee to be qualified as employee breach of trust in the criminal sense, it is not enough to have a mere suspicion or inappropriate use. The law requires the fulfillment of four constituent elements, the absence of any single one preventing the criminal qualification. Proving each of these elements irrefutably is the primary objective of a workplace investigation.

Let’s examine these elements more closely:

1. The Prior Transfer of an Asset: This element is the starting point of the offense. It assumes that an asset (which can be money, an object, any value, a document, or information) was voluntarily transferred by the employer to the employee. This transfer must have been made “on a precarious basis.” This means the employee did not receive the asset to become its owner but with a very specific purpose: to use it on behalf of the company, manage it temporarily, or return it after a certain period or use. The employment contract, job description, internal procedures, oral or written agreements can define the terms of this transfer and the authorized use of the asset. A laptop provided for work, cash register to manage transactions, access to a customer database, the key to a premise are all examples of precarious transfers within the work context. As indicated by Village Justice and Éditions Tissot, this transfer is a key element of the legal definition of employee breach of trust.

2. The Proven Act of Misappropriation: This is the action committed by the employee that breaks the commitment related to the transfer. The employee uses the transferred asset not in accordance with its agreed purpose, but for a different use, which is their own or benefits a third party. This misappropriation can be material (selling company property) or intangible (using a customer database for personal gain). It is a positive act (an action) or negative (an omission, for example, failing to return an asset) that demonstrates the employee’s will to appropriate the asset or use it in an unauthorized manner. According to Coursange Avocats, misappropriation alters the destination of the asset, forming the core of employee embezzlement.

3. The Harm Caused: The misappropriation must necessarily have resulted in damage to the employer or a third party. This harm is not necessarily financial, although that is the most common. It can be material (loss of property, destruction), moral (damage to reputation), or even consist of the loss of an opportunity. What matters is that the employee’s act objectively caused harm. A mere intention to misappropriate, without effective harm, is not sufficient to constitute breach of trust. The harm must be a direct consequence of the misappropriation. The evidence gathering process must therefore document not only the misappropriation but also its negative consequences for the company, crucial for proving workplace fraud.

4. Fraudulent Intent (the Mental Element): This is the most challenging element to prove. It must be demonstrated that the employee acted knowingly and voluntarily, knowing they did not have the right to misappropriate the asset and that their action would cause harm. This is not an error, negligence, or involuntary poor management. The employee must have had the deliberate will to appropriate the asset or use it in an unauthorized manner, with the awareness that this infringed upon the employer’s rights. This criminal intent (“dol général”) is essential. Sometimes, a specific intent (“dol spécial”) must also be proven, such as the will to harm the company or realize an illicit gain, particularly in the context of a workplace and business protection investigation where gross negligence is invoked. This is often the hardest part of proving employee breach of trust.

It is the combination of these four conditions that allows magistrates to characterize employee breach of trust and impose criminal sanctions. The effort of evidence gathering must therefore aim to establish the existence of each of these elements in a certain, documented, and admissible manner.

Employer’s Reaction: How to Act When Facing Employee Breach of Trust?

Discovering or even just suspecting employee breach of trust or workplace fraud is a critical moment for an employer. The reaction adopted must be swift but, above all, methodical and rigorous. Poor handling can not only allow the dishonest employee to continue their actions but also jeopardize any subsequent attempt at sanction or recovery of the damage. Employer rights must be exercised in strict compliance with the law, including labor law and criminal law.

Here are the key steps for appropriate action:

1. Immediate Collection and Preservation of Evidence: From the first suspicions, it is imperative to freeze the situation and gather all factual elements. This includes accounting documents, exchanged emails, computer connection logs, surveillance video recordings (if legally installed and signposted), testimonies from clients, suppliers, or other employees (collected carefully). Any document or material support potentially related to the breach must be secured to prevent its destruction or modification. The validity of collected evidence is paramount in court. Illegally obtained evidence (for example, by hacking the employee’s personal computer or installing unauthorized surveillance) will be rejected by the courts. This initial evidence gathering is vital.

2. Analysis and Evaluation of the Situation: Before any confrontation, it is necessary to analyze the collected evidence to assess the nature and extent of the suspected breach. Is it an isolated act or an organized system? What is the estimated amount of the harm? What are the implications for the company? This evaluation phase helps determine the seriousness of the facts and the strategy to adopt, often requiring expertise in financial investigations.

3. Legal Consultation: It is strongly recommended to consult a lawyer specializing in labor law and potentially business criminal law. A legal professional can advise the employer on the legal qualification of the facts, the admissibility of evidence, employer rights and potential risks, and guide the subsequent steps, whether disciplinary or judicial.

4. Preliminary Interview and Respect for Due Process: If the employer intends to take disciplinary action (such as termination for employee gross misconduct), they must summon the employee to a preliminary interview. During this interview, the employer presents the reasons for the suspicions and the evidence gathered. The employee has the right to defend themselves, provide their version of the facts, and be assisted by a person of their choice (employee representative or external advisor depending on the company size). This principle of due process (contradictoire) is an indispensable legal step.

5. Protective Suspension: If the employee’s presence in the company is deemed incompatible with the suspicions (risk of evidence destruction, continuation of actions, disruption of staff), the employer may decide to place them on protective suspension (mise à pied conservatoire). This measure immediately suspends the employment contract, pending the decision on disciplinary action. It must be notified quickly and justified by the seriousness of the facts.

6. Disciplinary Sanctions: Following the interview, and if the facts are deemed proven and sufficiently serious, the employer can notify a disciplinary sanction. For employee breach of trust, the most frequent sanction is termination. This can be termination for gross misconduct, which deprives the employee of certain indemnities (notice period, termination indemnity), or, in the most extreme cases where the intent to harm the company is clearly established, termination for serious misconduct (faute lourde). The notification must adhere to strict formal requirements (deadline, precise reasons).

7. Filing a Criminal Complaint: As breach of trust is a criminal offense, the employer has the option of filing a complaint with the Public Prosecutor or the police/gendarmerie. The prosecutor will then decide whether to initiate criminal proceedings if there is sufficient evidence. The employee is then exposed to severe criminal penalties, which can include up to three years imprisonment and a €375,000 fine, with aggravated penalties in certain situations (for example, breach committed by a person publicly soliciting savings). Filing a complaint can be done in parallel with the disciplinary procedure.

8. Civil Action for Damages: Regardless of criminal action, the employer can initiate legal proceedings before the civil courts (or join as a civil party in criminal proceedings) to obtain compensation for the harm suffered. The goal is to recover the misappropriated sums or assets and obtain damages for other harm (moral, reputation damage). This action aims to recover financial and material losses caused by the financial investigation and the abuse, protecting employer rights.

Each of these steps requires rigor and a deep understanding of legal procedures. This is why, right from the evidence collection phase, calling on external professionals often proves indispensable for effective workplace investigations and business protection.

The Key Role of a Private Investigator in Combating Employee Breach of Trust

Facing the complexity of proving employee breach of trust or workplace fraud and the potentially heavy legal implications, employers often find themselves without adequate resources. Internal workplace investigation means are limited by labor law, respect for employees’ private lives, and a lack of specific expertise. It is precisely in this context that a licensed private investigation agency like My Own Detective becomes an essential partner for effective business protection.

A private investigator is not merely a curious observer. They are a professional whose activity is strictly regulated by the Internal Security Code (Articles L621-1 et seq. in France). They hold administrative authorization issued by the National Council for Private Security Activities (CNAPS), guaranteeing their integrity, training, and ability to conduct legal investigations on behalf of their clients.

The intervention of a licensed investigator helps bypass internal limitations while ensuring that evidence collection respects the legal framework and will therefore be admissible in court (Labor court, Criminal court, Commercial court…).

Here’s how a private investigator can make a difference in an employee breach of trust case:

• Conducting Discreet Surveillance: One of the most effective ways to prove abusive use of work time or equipment is surveillance. A detective can observe and document the employee’s actions outside the company or in public places. Are they working for a competitor during work hours? Are they using the company vehicle for recurring personal activities? Are they meeting suspicious contacts? Surveillance allows for the collection of visual evidence (photos, videos) and precise observations on the employee’s whereabouts and activities. While counter-surveillance is a service for protection, surveillance is a fundamental technique of private investigation and evidence gathering.
• Conducting Field Investigations and Gathering Testimonies: The detective can investigate in the field: interview third parties (clients, suppliers, former employee associates, etc., while respecting the law and confidentiality), verify addresses, inquire about parallel activities. These investigations can reveal crucial information corroborating suspicions of abuse or workplace fraud.
• Searching and Analyzing Public and Digital Information: In the digital age, a lot of information is available online. A detective specializing in cyber investigation can search for evidence on social media, forums, public websites, company registries. These searches can document an undeclared parallel professional activity, links with competitors, or suspicious external signs of wealth related to possible fund misappropriation. This digital evidence gathering must respect data protection laws (CNIL in France, equivalent bodies elsewhere).
• Identifying the Origin of Financial Misappropriations: In cases of fund misappropriation or workplace fraud, financial investigations conducted by a detective are essential. They aim to trace the money, identify the bank accounts involved, understand the financial circuits used, and identify the actual beneficiaries of the misappropriated funds. This is meticulous work requiring specific expertise in detecting employee embezzlement.
• Documenting the Harm: The detective doesn’t just prove the misappropriation; they also work to document the harm suffered by the company. This can involve quantifying the diverted work hours, evaluating the value of missing assets, or gathering elements showing the impact of information leakage on business activity. This is crucial for demonstrating the damage caused by employee breach of trust.
• Drafting a Detailed and Admissible Investigation Report: The results of the investigation are recorded in a written and precise report. This report details the investigations conducted, the evidence gathered (accompanied, if possible, by photos, videos, copies of documents), and the factual conclusions. Written in compliance with procedural rules, this investigation report constitutes essential and admissible evidence before the courts. The detective may even be called upon to testify to confirm the content of their report. It is this validated evidence gathering that makes their intervention effective for workplace and business protection.

The advantage of using a licensed private investigation agency like My Own Detective is benefiting from professional expertise and discretion. Our licensed detectives know how to act without alerting the suspected employee, which is crucial for the success of the workplace investigation. They work in close collaboration with the employer and their legal counsel to ensure investigations are conducted legally and provide the strongest possible basis for defending employer rights and ensuring business protection.

Beyond classic corporate investigations, our agency operates throughout France and Switzerland. Our services cover a wide range of investigations for businesses (corporate investigations, financial investigations) and can also assist individuals in more personal matters such as family investigations, divorce investigations, matrimonial investigations, or child protection. This versatility is based on transferable skills and a rigorous investigation methodology.

Business Challenges and Prevention Strategies for Workplace Fraud

The consequences of an employee breach of trust or workplace fraud go far beyond immediate financial harm, although this can be very significant. For a company, its entire structure and environment can be affected. The stakes are numerous and touch upon the very viability of the organization and its ability to maintain a healthy and productive work environment. Effective business protection relies on proactive measures.

The main challenges are:

• Direct and Indirect Financial Losses: Obviously, theft of money, misappropriation of assets, or fraud lead to direct losses. But there are also indirect costs: investigation fees, legal fees (even if successful), time spent by management and other employees managing the crisis, potential recruitment and training costs to replace the terminated employee. Financial investigations are often necessary to precisely assess the extent of these losses caused by employee embezzlement.
• Leakage of Strategic Information and Loss of Competitiveness: When a dishonest employee transmits trade secrets, customer lists, development plans, or any other sensitive data to competitors, the company’s competitive advantage is threatened. This can lead to market share loss, difficulties in innovating, or vulnerability to adversary strategies. It is a severe blow to business protection.
• Deterioration of the Workplace Climate and Internal Trust: Learning that a colleague has betrayed the company’s trust, and potentially that of their peers, creates a sense of distrust and insecurity. Honest employees may feel wronged, monitored, or discouraged. This harms overall morale, collaboration, and productivity. Restoring a climate of trust after such an event is a long and difficult process, directly impacted by employee breach of trust.
• Damage to Reputation and Brand Image: If the matter becomes public (through a lawsuit, rumors, or poor communication management), the company’s image can be severely damaged among its clients, business partners, investors, and even the general public. A negative reputation can have lasting consequences on business activity and the ability to attract new talent.
• Legal and Criminal Consequences: Beyond sanctions for the employee, the company itself may face proceedings, particularly if clients or partners were harmed by the abuse, or if shortcomings in internal control obligations are raised. Managing these legal aspects requires significant expertise.

Given these major challenges, prevention is the first line of defense. Implementing robust measures helps reduce risks and create an environment where employee breach of trust is harder to commit and easier to detect.

Here are essential prevention measures for workplace fraud and ensuring business protection:

• Strengthen Internal Control Procedures: Establish double-validation systems for significant financial transactions, regular inventories of stocks and equipment, rotation of key and sensitive positions (accounting, purchasing management, access to strategic information). Regular internal audits can identify vulnerabilities.
• Implement a Clear Ethics and Confidentiality Policy: Actively communicate company values, expected conduct rules, and consequences in case of breaches. Have a clear confidentiality policy, signed by employees, stating the prohibition of disclosing sensitive information.
• Secure Information Systems: Set up restricted access to sensitive data based on roles and responsibilities, use strong passwords, encrypt critical data, install firewalls and intrusion detection systems. Monitor access and activity logs on IT systems (in compliance with legislation), crucial for preventing employee embezzlement through digital means.
• Formalize Equipment and Resource Usage Conditions: Establish a clear charter on the use of computers, phones, company vehicles, internet connection, etc. Remind employees that these tools are provided for professional purposes and that their use can be monitored by the employer (in compliance with the law). Use precise terms and conditions accepted by the employee.
• Conduct Background Checks During Hiring: Depending on the position and its sensitivity, it may be relevant to conduct background checks on candidates, in strict compliance with the law and with their consent. A prior workplace investigation can sometimes prevent hiring a risky profile.
• Establish an Ethical Alert System: Set up a channel (anonymous if the law allows and encourages it for certain types of alerts) enabling employees to report suspicious or unethical behavior without fear of retaliation.

These prevention measures are an investment in business protection and help discourage temptations. However, no system is perfect. That’s why being prepared to react and knowing who to turn to in case of suspicion of employee breach of trust is equally vital.

How Licensed Detectives Make a Difference in Investigations

When a company faces suspicions of employee breach of trust or workplace fraud, the temptation to handle the situation internally can be strong. However, the limitations of internal resources and the risks of making procedural errors or collecting inadmissible evidence are significant. This is where the intervention of a licensed private investigation agency makes all the difference.

The license issued by the CNAPS is not just a formality; it is a guarantee of professionalism, respect for ethics, and compliance with current legislation. A licensed investigator is trained to conduct complex investigations while ensuring the legality of methods and thus the validity of collected evidence.

The expertise of a private investigator lies in their ability to:

• Conduct Objective and Neutral Investigations: Unlike an internal workplace investigation which can be influenced by internal company dynamics, the private investigator brings an external and impartial perspective. Their objective is to establish the facts, nothing but the facts, without bias, critical for proving employee embezzlement accurately.
• Use Specific Investigation Techniques: Physical surveillance, tailing (in compliance with the law), in-depth documentary research, cyber investigation on open sources, identification of witnesses… Licensed detectives have a range of proven and legal techniques for collecting the necessary information to prove employee breach of trust.
• Collect Evidence Admissible in Court: This is a crucial point. An investigation report prepared by a licensed investigator is a piece of evidence that can be produced and argued before the courts. The detective can even be called to testify to confirm the content of their report. It is this validated evidence gathering that makes their intervention effective for defending employer rights.
• Act with Total Discretion: A discreetly conducted investigation is essential to avoid alerting the suspected employee and allow time to document the full extent of the abuse. Discretion is at the heart of the private investigator’s profession and also protects the company from excessive internal disruption during the investigation.
• Support the Employer: Beyond simple evidence collection, the detective agency can advise the employer on the investigation strategy, potential weak points to check, and possible options once the facts are established. They work in synergy with the company’s lawyer to best prepare for the next steps (interview, termination for employee gross misconduct, criminal complaint, civil action to assert employer rights and recover losses from employee embezzlement).

At My Own Detective, our expertise in corporate investigations, especially for cases of misappropriation of company assets, fund misappropriation, or internal unfair competition, makes us a valuable ally for companies that need solid and irrefutable evidence. Whether it’s assessing the extent of financial misappropriation during a financial investigation, documenting the abusive use of work time or equipment, or proving information leakage, our licensed detectives are capable of conducting the most relevant workplace investigation to combat workplace fraud.

The investment in a private investigator’s investigation is often largely offset by the savings made by minimizing harm (by stopping the abuse quickly), enabling the recovery of misappropriated sums, and avoiding long and costly disputes based on insufficient evidence. It is a strategic choice for business protection against employee breach of trust.

Conclusion: Acting with Determination and Professionalism

Employee breach of trust is a serious threat that can undermine the stability and prosperity of any business. Failing to react or reacting inadequately to this offense means risking allowing the harm to worsen and sending a dangerous message internally. Understanding the legal nature of the breach, being able to identify its signs and constituent elements, and above all, knowing how to activate the right legal and investigation levers is essential to defend employer rights and ensure effective business protection.

My experience at My Own Detective has shown me time and again: in these delicate situations, the quality and legality of evidence are absolutely crucial. It is on solidly established facts that the possibility of taking justified disciplinary sanctions, initiating criminal proceedings for the offense of employee breach of trust or employee embezzlement, and filing civil actions to obtain compensation for the suffered harm rests. Without irrefutable evidence, even the strongest suspicion remains a mere allegation, difficult to assert.

This is precisely where the intervention of a licensed private investigation agency makes perfect sense. Our detectives bring not only their expertise in workplace investigations and financial investigations but also the guarantee of an evidence collection procedure conducted in strict compliance with the legal framework. The final report, detailed and documented, constitutes admissible evidence that equips the employer for future proceedings. Engaging a private investigator means choosing the path of professionalism and effectiveness to put an end to the breach and limit its consequences, especially when facing significant workplace fraud.

If you are facing suspicions of misappropriation, fraud, or abusive use of your company’s resources by a dishonest employee, do not wait. Every passing day can worsen the harm. Contact professionals to assess the situation and determine the best investigation strategy. The My Own Detective team is at your disposal to listen, advise, and conduct the necessary investigations to provide you with the evidence you need. Protecting your company and enforcing your employer rights is our mission. We are here to support you in this crucial workplace and business protection investigation.

Do not hesitate to contact us or explore our services on our website (Services) to learn more about our approach and skills, particularly on our page dedicated to workplace and business protection investigations and our homepage. Determined action, based on solid evidence, is your best ally against employee breach of trust.

FAQ on Employee Breach of Trust and Private Investigations

What constitutes employee breach of trust or workplace fraud?

Employee breach of trust is a criminal offense characterized by an employee misappropriating assets (funds, values, information, equipment) that were entrusted to them by the employer “on a precarious basis” for the performance of their duties. This misappropriation, often considered workplace fraud or employee embezzlement, must cause harm to the company and be committed with fraudulent intent.

What signs might alert an employer to potential employee breach of trust?

Certain signs can raise suspicion: inconsistencies in accounts or inventory, unusual expense justifications, excessive use of company equipment outside work hours, suspicious modification of documents, significant changes in the employee’s lifestyle, or an evasive attitude when questioned. These can be red flags for financial investigations or broader workplace investigations.

Can an employee be terminated based solely on suspicion of breach of trust?

No. Termination, especially for employee gross misconduct, must be based on specific, objective, and verifiable facts. Mere suspicion, even strong, is insufficient. It is imperative to conduct a workplace investigation to gather solid and legal evidence that justifies disciplinary action.

How is a private investigator useful in these cases?

A licensed private investigator has the authorization and expertise to conduct discreet investigations and collect legal evidence (surveillance, financial investigations, cyber investigation). Their report is admissible in court and provides the employer with the factual elements needed to base disciplinary or criminal proceedings, thereby defending their employer rights and ensuring business protection against employee breach of trust.

What penalties can an employee face?

On the disciplinary front, the employee risks termination for employee gross misconduct (or even serious misconduct). On the criminal front, simple breach of trust is punishable by three years imprisonment and a €375,000 fine, penalties that can be aggravated depending on the circumstances, particularly in cases of significant employee embezzlement or workplace fraud.