Puerto Rico 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
Thorough Investigation 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.
From an employment law perspective, this means federal statutes such as Title VII, FLSA, ADA, ADEA, FMLA, USERRA, OSHA, ERISA, COBRA, among others, apply to Puerto Rico.
Does the WARN Act apply to Puerto Rico and other territories of the United States, such as Guam? Yes. Territories of the United States are subject to U.S. laws.
4 of 26 January 2017 (the Labor Transformation and Flexibility Act (Law No. 4)), requires that termination be for 'just cause' (or the payment of a statutory severance). A termination is for 'just cause' if it is not motivated by legally prohibited reasons or the product of the employer's caprice.
A just cause termination means that the employer has terminated your employment on the basis of serious misconduct that goes to the heart of your employment contract. A just cause termination means that the misconduct was severe enough such that your employment relationship cannot be repaired.
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.
Can you be fired for stealing time? This is entirely up to your employee, but you may be terminated for stealing time and expected to pay restitution.
In short, just cause for termination is severe misconduct, neglect or incompetence on the part of an employee. Usually, employers must provide employees notice or termination pay in lieu of notice before their employment can be terminated (these are called without cause terminations).
Does the WARN Act apply to Puerto Rico and other territories of the United States, such as Guam? Yes. Territories of the United States are subject to U.S. laws.
285 indicates the just causes for resignation as follows: serious insult to the honor and person of the employee; inhuman and unbearable treatment accorded the employee by the employer or his representative; crime committed against the person of the employee or any immediate members of the employee's family; and.
