Mississippi Termination for Theft of Company Property Letter
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How to fill out Termination For Theft Of Company Property Letter?
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FAQ
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...
As such, if you do not promptly return their property, your former employer could have grounds to file a civil lawsuit against you. In some extreme cases, your former employer may also take criminal action in order to ensure the prompt return of company property, such as a company vehicle.
Depending on the value of the property at issue, an employer may be able to file a small claims action against a former employee who won't return its property. Also, in some circumstances you may be able to put an employee on an unpaid suspension pending the return of property.
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.
As of the writing of this letter, there is no record of your returning the items in question. Please be advised that Company Name considers refusal to return company property to be theft. If the above listed items are not returned by Date, Company Name will contact local law enforcement.
Failure to return any and all company assets is a violation of company policy and failure to comply with your request will result in civil and criminal action. Let them know that the company has a zero tolerance policy and any remaining compensation that has not been paid will also be withheld.
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
If there is no appropriately drafted clause or agreement, the employer would have to make a claim in the civil courts against the employee for "trespass to goods" in failing to return the company property.
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.
