A work from home investigation is a corporate investigation conducted to verify whether an employee or contractor is actually performing their job duties from a remote location as required. It may include surveillance, activity monitoring through legal means, and documentation of work patterns to determine if a subject is present, available, and fulfilling their professional obligations during scheduled hours.
If your company pays someone to work remotely, a work from home investigation looks into whether that person is actually doing so. An investigator may observe the subject's location and daily routine to see if their behavior matches what they are reporting to their employer. The goal is to give the company factual documentation rather than assumptions.
An employer suspects a salaried remote employee is working a second full-time job during contracted hours and wants documented evidence before taking disciplinary action. A company processing a workers' compensation claim receives reports that the employee, who claims to be homebound, is regularly seen away from their residence during work hours. A business partner disputes whether a co-owner is fulfilling their remote work obligations under the terms of a partnership agreement.
Licensed private investigators can legally conduct surveillance in public spaces and document a subject's observable movements and location without a court order. Investigators cannot access private accounts, monitor personal devices, or intercept communications, as these activities are restricted under federal and state law. Regulations governing permissible surveillance methods vary by state, so it is important to work with an investigator licensed in the relevant jurisdiction.
What does a work from home investigation actually produce as evidence, and how long does it typically take?
Investigators typically deliver a written report documenting observed activity, along with timestamped photographs or video footage captured during surveillance. The duration depends on how quickly the subject's patterns become clear, but most investigations involve several days of observation to establish a reliable record. Your investigator can give a more specific timeframe after reviewing the scope of the assignment.
Are there privacy concerns an employer should be aware of before starting this type of investigation?
Surveillance conducted in public areas is generally lawful, but investigators cannot monitor activity inside a private residence or access personal communications, even if the subject is on company time. Employers should also review their own internal policies and consult legal counsel before using investigation findings in termination or disciplinary proceedings. Some states have additional employee privacy protections that may affect how evidence can be collected or used.
