A moonlighting investigation is a corporate investigation conducted to determine whether an employee is working for a second employer, operating a competing business, or performing paid work outside their primary job in violation of company policy, employment contracts, or non-compete agreements. Investigators gather observable, documented evidence of the employee's activities during work hours or contracted time periods.
A moonlighting investigation looks into whether someone on your payroll is spending time or resources on outside work they are not supposed to be doing. This could mean working a second job during company hours, running their own business on the side, or consulting for a competitor. The goal is to give employers factual information to act on, based on what investigators can observe and document.
An employer suspects a salaried remote employee is performing paid consulting work for another company during contracted hours, based on inconsistent availability and declining output. A business discovers that a senior manager may be operating a side company that competes directly with its core services, potentially using proprietary client information. An HR department needs documented evidence before pursuing a contract breach claim against an employee who signed an exclusivity agreement.
Licensed private investigators can conduct surveillance in public or semi-public locations, document observable activities, review publicly available business registrations, and compile records from open sources to support a moonlighting investigation. Investigators cannot access private financial accounts, sealed employment records, or protected law enforcement databases. Laws governing workplace investigations, surveillance, and employee monitoring vary by state, so investigators operating across jurisdictions should be familiar with applicable local regulations.
What kind of evidence does a moonlighting investigation typically produce, and how long does it take to complete?
Most moonlighting investigations produce surveillance reports with timestamped photographs or video, along with findings from public records searches such as business registrations or professional license filings. Timelines vary depending on the complexity of the case and how frequently the subject's outside activity occurs, but many investigations reach a usable conclusion within one to three weeks of active surveillance. Your investigator will outline a realistic scope and timeline based on the specific details of your situation before work begins.
Can the findings from a moonlighting investigation be used in a termination or legal proceeding?
Evidence gathered through lawful investigation methods, including surveillance conducted in public spaces and verified public records, can generally be presented in employment disciplinary proceedings or civil litigation. However, how that evidence is used and what weight it carries depends on your employment agreements, company policies, and the specific legal standards in your jurisdiction. It is advisable to involve legal counsel early so that investigative findings are collected and documented in a way that supports your intended course of action.
