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Did you know that your employer has the right to track you down, observe your behavior and to fire you for calling in sick? Well, they do. Many go to the point of hiring private detectives to observe employees and report on their “sick day” behavior to employers. This includes a growing number of both private and public sector employers in Massachusetts:

“In 2009 four firefighters in Haverhill, Mass., were suspended after a private investigator, hired by the mayor, caught them attending hockey games and engaging in other blatantly non-sick-day activities.”

Kronos, a workforce productivity firm on Old Billerica Rd., Chelmsford, Mass., recently found that 57 percent of U.S. salaried employees take sick days when they’re not really sick — a nearly 20 percent increase from statistics gathered between 2006 and 2008. For those thinking that employers might get into trouble for such activity, think again:

“In 2008, Raybestos Products, a car parts manufacturer in Crawfordsville, Ind., hired an off-duty police officer to track an employee suspected of abusing her paid medical leave. When the employee, Diana Vail, was fired after the cop produced substantial evidence that she was exploiting her benefits, she sued Raybestos. In what became the landmark case for corporate snooping, the 7th U.S. Circuit Court of Appeals dismissed her lawsuit. A panel of judges declared that while surveillance “may not be preferred employer behavior,” it wasn’t unlawful. According to Susan W. Kline, a partner at the Baker & Daniels law firm in Indianapolis, the case “encouraged [companies] to consider hiring their own private detectives.” It also set a precedent, she says, that “reasonable suspicion” is sufficient justification for employer spying.”

You can read more on this subject in the article, “The Sick-Day Bounty Hunters“, by Eric Spitznagel under the Personal Finance tab within Yahoo! Finance. The paragraph I found most interesting and singularly most descriptive of today’s relationship between employer and employee was the following from Detective:

“I remember one worker who created an elaborate hoax to go on a cruise when he was supposed to be sick,” Raymond says. “When he was shown the video surveillance I’d done, he actually said to his boss, ‘I can’t believe you’d be so sneaky.’ The hypocrisy is amazing!”

Speaking of hypocrisy, there are some businesses that take direct advantage of this common trait by design. For example, in the article recommended above, you will read about TelTech Systems, an internet tech company. For workers, they designed, sell and support a product called “SpoofCard”. This card allows people to program their cell phones to show any ten-digit origination telephone number of their choosing to those who call them or are called by them.

With this technology, you can call in sick while hunting with Sara Palin in Alaska, when you call in sick, and the number displayed on your boss’s telephone caller I.D. will by that of your home phone. The majority of users have the card to protect their privacy by showing false telephone information to uninvited callers or to recipients of one-time calls with whom no long-term relationship is desired. But, there is always that 5% – 10% of the population who will abuse even the most well intended technology for unethical or fraudulent purposes.

The same company also sells a product to companies called LiarCard. The purpose of this device is to detect lies via a voice analysis hidden to the caller outside of the company. The company who purchased this technology is then free to act on the results of the analysis and dispatch an investigator, or not, to confirm or deny the accuracy of the voice analysis.

TelTech justifies playing both ends against each other with the view that selling a service to one customer that is designed to entrap another is O.K.

“We want to help everyone,” says Meir Cohen, president of TelTech Systems.

He is certainly helping the private investigation industry:

This is all “great news for the corporate surveillance business. Alliance Worldwide Investigative Group, a private investigation firm in Clifton Park, N.Y., with experience in corporate sleuthing, charges $75 per hour per investigator. And those hours add up. According to Alliance Chief Executive Officer and founder Mario Pecoraro Jr., successful surveillance requires establishing a pattern of activity that, he says, “can sometimes require multiple days, or even weeks.”

I cannot help but think of the lost productivity expended by the players in this game of employee-employer “gotcha.