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The Sick-Day Bounty Hunters...Is Your Job Checking To See If You're Sick!

Rick Raymond parked his black Kia SUV behind a row of trees and peered out at his target. It was 4 a.m. on a recent morning, and Raymond -- a seasoned private detective who has worked roughly 300 cases, from thieves to philandering spouses -- was closing in on a different sort of prey. Recently, Raymond has come to occupy a new and expanding niche in the surveillance universe. Corporations pay him to spy on workers who take "sick days" when they may not, in fact, be sick. Such suspicion has led Raymond to bowling alleys, pro football games, weddings, and even funerals. On this morning it has taken him to a field outside the home of an Orlando repairman whose employer is doubtful about his slow recovery from a car accident. Although Raymond tries to be impartial about his subjects, "80 to 85 percent of the time," he says, "there's definitely fraud happening."

Playing hooky without getting caught -- as immortalized in the cat-and-mouse skirmish between Ferris Bueller and Principal Rooney in "Ferris Bueller's Day Off" -- used to be an adolescent rite of passage. Now it has given rise to a thriving industry, with stern legal precedent to back it up. 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.

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Comment by Karen W. Loney on December 9, 2010 at 12:04pm
Well do now!!!! This might be beneficial only in a very few cases I would think.

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