Continued Payment of Wages Fraud | Sick Note Fraud

Far too many employees are inclined to grant themselves a sick note – also known as a “yellow holiday certificate” – instead of taking annual leave, which they would rather enjoy in a distant country. The range of reasons is extensive: Aunt Olga is celebrating a milestone birthday, the favourite sports club is playing an important match, the daughter is competing in the final of the local riding and showjumping tournament, one simply wants to “sleep in for once”, and so forth. Consequently, sick note fraud is one of the most frequent fields of activity for Kurtz Investigations Dortmund.

Employers often do not even notice that they are being deceived, as isolated incidents reveal no recognisable pattern. On some occasions, however, false sick notes come to light due to various indications – a tip-off from within the workforce, the sheer number of absences or even rumours about secondary employment arouse the suspicion of the head of human resources or the company management. Our IHK-certified commercial detectives from Dortmund undertake the surveillance of the suspected employee and gather evidence admissible in court: +49 231 8401 0065.

Without Regard for Employer and Colleagues (Case Example)

Paul and Dorothea Koslowski (all names changed) worked for the same company, which we shall call Müller KG – a business for vacuum cleaners and accessories located in an industrial estate in Dortmund. Dorothea worked in internal sales, while her husband Paul operated as a freelance representative in field sales. As a freelancer, Paul was free to choose when he took leave; according to contractual arrangements, he merely had to notify the commissioning company in good time so that it could prepare accordingly. In most cases, Dorothea was permitted to take leave at the same time as her husband, yet on occasion this was not possible for operational reasons. Dorothea repeatedly used this as a pretext to obtain a sick note.

The height of audacity and the eventual trigger for instructing our detectives from Dortmund was a short-notice leave request submitted by Dorothea in 2014, which was rejected as it fell in the middle of the school holiday period and those employees with school-age children were naturally given priority. Dorothea promptly obtained a sick note, which resulted in Paul sending a medical certificate to the company two days later as well. And while their colleagues were almost overwhelmed with work, Dorothea and Paul enjoyed a few pleasant days on the North Sea coast.

When the Measure Is Full: Investigators from Dortmund Observe the Suspects

The employer contacted the commercial investigators of Kurtz Detective Agency Dortmund and outlined the case. As our client did not at that time know the exact whereabouts of his employee Mrs Koslowski and her husband, we discussed precautionary measures for the anticipated recurrence, which according to the client’s experience would not be long in coming. The affected company had already resolved to terminate its cooperation with Paul definitively in light of recent events. However, the detectives and the company management agreed that this would only be communicated to him following the investigation so as not to awaken sleeping dogs.

Only a few weeks later, the external employee Mr Koslowski requested several days off, as his niece, who lived in Berlin, was getting married and he had been invited to the celebrations. He was informed that this would not be possible, as he was firmly scheduled and had already given his commitment. The current order situation simply did not permit any absence. What did Mr Koslowski do? Two days before the originally requested leave, he reported unfit for work due to a severe cold; one day later his wife Dorothea also informed the company that she had apparently caught her husband’s illness and was likewise suffering from a heavy cold. She sent her certificate of incapacity for work to the employer by post. The company immediately notified our detectives in Dortmund, who promptly took up position outside the Koslowskis’ residence and placed the subjects under surveillance. Until the following morning, our investigators alternated in observing the property; at approximately 09:30 a.m., the Koslowskis left the house with luggage, got into their vehicle and departed Dortmund in the direction of Berlin. Our detectives followed discreetly and, after several hours of travel, reached a detached house in Berlin-Zehlendorf.

Teamwork of Our Dortmund Detectives with Berlin Colleagues

An investigation team from Kurtz Detective Agency Berlin alternated over the following four days with our detectives from Dortmund in monitoring the subjects. The employees of our client, who were allegedly seriously ill, used their false sick notes to attend the aforementioned wedding celebrations and furthermore took the opportunity of their stay in Berlin to visit several sights and attend a sporting event. Both investigation teams documented the conduct of the subjects in precise detail, enabling Kurtz Investigations Dortmund ultimately to present the client with a comprehensive surveillance report admissible in court.

Note

In order to safeguard discretion as well as the personal rights of clients and subjects, all names and locations in this case report have been altered beyond recognition.