Employee Surveillance PI Checks on Moonlighting and Leave Misuse
Sometimes the concern is not the workforce but one person: a manager who may be running a competing business, a salesperson billing hours from the golf course, an employee on leave who seems very busy. Birds Eye documents that one person's conduct lawfully so the employer can make a fair, defensible decision.
- Moonlighting and competing work
- Time theft by field and remote staff
- Leave concerns reviewed with counsel
What is the concern?
Pick the closest match and we will point you to the right next step.
Can an employer hire a PI to watch a specific employee in Tennessee?
Yes, when there is a legitimate business concern and the work stays lawful. A licensed PI agency can observe the employee in public places, verify claimed work activity and document outside employment. Leave-related concerns in particular should be reviewed with employment counsel before any surveillance starts.
When the Concern Is About One Person
Individual cases start with a specific, credible reason: a customer mentions seeing your service manager on a competitor's truck, a coworker says a remote employee is never online during the day, or an employee on extended leave appears in social posts at a job site. The question is narrow, and the investigation should be too.
Birds Eye scopes these cases around that single concern. We do not watch everything an employee does. We focus on the times and places where the alleged conduct would show up, and report only what is relevant.
Moonlighting and Competing Businesses
Many employees have lawful second jobs, and having one is not misconduct by itself. It becomes an issue when the work competes with the employer, uses company time or equipment, diverts customers, or violates a signed agreement. Your counsel can tell you which of those applies and whether a non-compete or non-solicitation agreement is enforceable in Tennessee.
Our PIs document the observable side: where the employee goes, what vehicle and equipment they use, what business name appears on the truck or job sign, and whether any of it happens during paid hours. Public business filings can help identify who owns a side company.
Time Theft by Field and Remote Employees
Time theft is hard to see when an employee works outside the office. A route salesperson logs eight calls but visits three. A technician closes tickets from home. A remote employee's status says active while their car sits at a lake. Timesheets, call logs and system data often raise the question, and observation can answer it.
Coverage is usually built around the employee's own reported schedule. If the log says a customer visit in Murfreesboro at 10 a.m., our PIs can be there to see whether it happens.
- Customer visits that are logged but not made
- Long unexplained stops during paid hours
- Personal errands in company vehicles
- Remote staff away from work during shift hours
Talk it through with a licensed PI
Tell us what is happening. We will explain what the work involves and put scope, timeline and cost in writing before anything starts.
Leave Concerns Need Counsel First
Surveillance of an employee on medical or family leave is legally sensitive. Federal law protects certain leave, and some activity that looks inconsistent with leave may be perfectly allowed. An employee on leave to care for a family member, for example, may be out and about for reasons tied to that care. Retaliation claims are a real risk if an employer acts on a misunderstanding.
For those reasons, Birds Eye only takes leave-related cases scoped with the employer's employment counsel. Our PIs document activity factually and do not comment on medical questions.
Building a Fair, Defensible Record
An employment decision may later be reviewed in an unemployment hearing, an agency charge or a lawsuit. The record should show that the employer had a legitimate reason, gathered facts fairly and did not single anyone out for protected reasons. Consistent scoping and neutral reports help with each of those.
Our reports describe times, places and activity without adjectives. If the observations show the employee was where they were supposed to be, the report says so plainly.
Employees Who Work From Home or Across Tennessee
Remote and hybrid staff live all over the state. An employer in Nashville may have an employee in Johnson City or Jackson whose schedule is known only through system logins. Our PIs can observe in those areas under our Tennessee license, and coordinate licensed coverage if the employee lives in a neighboring state.
We never access company or personal systems as part of surveillance. System data comes from the employer's IT team, reviewed with counsel.
What an Individual Employee Case Covers
Concern review
We review the tip, logs or data that raised the question and define the scope.
Schedule-based coverage
Observation is timed to the employee's reported schedule or leave period.
Side business research
Public filings and observation help identify competing work.
Vehicle and equipment notes
Use of company vehicles or tools outside work is documented.
Neutral report
Facts, times and media only, with no speculation about motive or health.
Testimony if needed
The observing PI can explain findings in a hearing or deposition.
How an Employee Case Proceeds
Counsel review
HR and employment counsel confirm the concern is legitimate and lawful to pursue.
Written scope
Scope, timeline and cost are put in writing before any observation.
Targeted observation
Our PIs cover the windows where the conduct would appear.
Report to decision-makers
Findings go to HR or counsel for a fair decision.
Individual employee concerns and what observation can add
| Concern | What usually raises it | What surveillance adds |
|---|---|---|
| Working for a competitor | Customer tip or lost accounts | Vehicle, location and business name observed |
| Side business on company time | Unexplained gaps in the workday | Activity during paid hours documented |
| Logged visits not made | Customer complaints, call logs | Presence or absence at claimed stops |
| Remote employee not working | Login and productivity data | Whereabouts during scheduled hours |
| Leave activity questions | Social posts or coworker reports | Factual activity log, reviewed by counsel |
Prepare These Before Calling
Clear information keeps an individual case narrow and fair.
Statewide coverage from Nashville
Birds Eye works individual employee cases for Tennessee employers of all sizes, from Nashville, Brentwood and Franklin to Murfreesboro, Clarksville and Cookeville. In East Tennessee we cover employees based around Knoxville, Chattanooga and the Tri-Cities, and in West Tennessee around Memphis, Collierville and Jackson. Remote employees in small towns and rural counties are covered too, with plans adjusted for quieter streets and longer distances.
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Frequently Asked Questions
Is it legal to have a private investigator follow an employee?
Generally, yes, when a licensed PI observes the employee in public places for a legitimate business reason. It is not lawful to trespass, place tracking devices without the owner's consent, or access personal accounts. Leave-related surveillance needs extra care and should be reviewed with employment counsel first.
Can we investigate an employee we think is working for a competitor?
Yes. Our PIs can document where the employee goes, whose vehicles or signage appear, and whether it happens on company time. Whether the conduct breaches an agreement or duty is a legal question for your counsel.
Can you watch an employee on FMLA leave?
Only when scoped with employment counsel. Federal law protects certain leave, and activity that seems inconsistent may be permitted. Birds Eye documents facts without judging medical or caregiving needs, and counsel decides what, if anything, those facts mean.
What if the employee is doing nothing wrong?
Then the report says so. Clearing an employee is a legitimate outcome and protects the employer from acting on a bad tip. Many employers find that result as valuable as confirmation.
How is this different from workers' comp surveillance?
Workers' compensation claims are handled under a separate legal framework and usually involve the carrier or TPA. We cover those under our workers' comp surveillance service. This page covers conduct questions outside a work injury claim.
Will the employee find out?
Our PIs work discreetly and do not contact the employee. If the employer takes action and the matter is challenged, the surveillance may be disclosed, which counsel should plan for.
Related pages
Make the Decision on Facts
Call or text (629) 310-8667 or email contact@delatorgroup.com. Birds Eye will help scope a narrow, lawful look at the concern.
Photography: Mathias Reding (Unsplash License). Last reviewed . General information, not legal advice.
