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Edward Harold of Fisher & Phillips LLP, a national labor-law practice, says that unless a company has conclusive evidence of theft, it should make no direct accusation and not even use words such as "theft" or "stealing." Terminating the employee this way -- rather than firing him for wrongdoing -- may allow the worker
Examples of legitimate reasons for just cause termination include the following actions by an employee: Theft. Another crime such as assault or sexual assault. Willful refusal to follow a direction from the employer.
To Catch a Thief: How to Handle Employee TheftEvaluate the situation. Determine exactly what is missing and what the cost of the theft is to your organization.Observe and audit. Watch for any major changes or suspicious behavior.Be consistent.Keep it confidential.Create a paper trail.Be cautious.
The company you stole from could charge you with gross misconduct and has grounds to fire you immediately. Or you could face suspension, without pay, while the company conducts an investigation, in which case you could still be terminated or face a major demotion or transfer.
When the interviewer asks what you'd do after seeing a coworker stealing, you should explain that you would avoid a confrontation in the moment, but then report the theft to your direct manager or boss as soon as possible (the same day that you saw the theft is best).
The termination letter for theft format should be formal and straight to the point and include the date of the offense and the specifics of the offense. Notifying the employee of existing proof will help prevent a legal battle based on wrongful termination charges.
You may sue your business partner for breach of fiduciary duty if you know he's been stealing money from your business accounts. A fiduciary relationship requires a person to act in the other person's best interests on matters within the scope of the relationship.
If you believe an employee has stolen from your company, you need solid evidence of the theft. Depending on the seriousness of the theft, you may find it necessary to temporarily suspend an employee while an investigation is conducted, but you cannot fire an employee simply based on suspicion.
The Next Steps: How to Handle Employee TheftEnsure the employee no longer has physical, electronic access, or financial access.Investigate the theft and the employee to determine the extent of the damage.Follow your company's disciplinary process.Report the employee's theft to the police and your insurance company.More items...