North Carolina 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 Basic Law: In California, an employer is vicariously liable for the negligent and wrongful acts of his employees that are committed within the scope of employment.
Where employees cause damage to property or persons their employer can be held liable by the victim. This is called the principle of vicarious liability and can result in the employer being sued for damages.
The employer can only recover damages in this kind of indemnity case if its liability is wholly vicarious. An employer cannot recover in an indemnity case if it has any direct fault for the original negligence, such as fault for an equipment failure or negligent hiring.
Here's what you need to do:Give every employee a copy of your theft policy.Conduct a thorough investigation.Get solid evidence.Make sure to let the accused tell their story.Your business has a history of leniency.The employee has a sterling record.
Federal and State LawYou can require an employee to reimburse you for broken equipment with some limitations. If the employee who broke a piece of equipment earns minimum wage, you cannot deduct anything from his pay, because that would drop his hourly pay below the federal minimum wage.
If the employee is nonexempt, you may be able to dock their wages. Under the FLSA, you can make deductions for unreturned company property if the employee is nonexempt and the deduction does not drop the employee's pay to below the minimum wage or reduce overtime wages owed to the employee.
Summary dismissal for theftTheft is viewed by the courts as a serious disciplinary offence and normally justifies dismissal at first instance regardless of the value of the property involved.
How to write a termination letter?Let the employee know the date of their termination.State the accurate and detailed reason(s) for his/her termination.Mention compensation and/or benefits, if any.Notify that they must immediately return all company property.More items...?
How to write a termination letterStart with the date.Address the employee.Make a formal statement of termination.Specify the date of termination.Include the reasons for termination.Explain the settlement details.Request them to return the company property.Remind them of the binding agreements.More items...?
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.
