Can I terminate an employee for stealing?

Can I terminate an employee for stealing?

If you can prove your allegations of serious theft, you may be able to terminate the employee for serious misconduct. In that situation, the employee will not be entitled to notice. You will still be required to pay out any annual leave that has accrued, however.

Can you sue a company if their employee steals from you?

No, you cannot sue the company employing this person: an employer is not liable for the criminal acts of its employees, since committing crimes is outside or beyond the scope of employment–it is not what the employees are hired or employed to do.

How should a company terminate employees caught stealing?

The path of least resistance is for the firm to simply let the employee go without any accusation of theft. In general, employers are not legally obligated to tell workers why they’re being terminated.

What should I do if I was accused of stealing and then fired?

You have good reason to be upset if you were accused of stealing and then fired. False allegations are hurtful and finding yourself unemployed could create significant financial hardship. Handle the situation with a cool head and do not be easily defeated. You may be able to get your job back or take legal action against your employer.

Is it against the law to steal at work?

Stealing in the workplace doesn’t always involve expensive items; exaggerating your expenses, using company ink and paper for personal use or even doing other work on company time is considered as theft. And if your boss already has proof on record, you can do nothing else but admit up to your mistakes.

How to handle a case of employee theft?

How you handle a case of employee theft can mean the difference between a simple matter and complex litigation. If you find an employee stealing, it’s important that you handle it carefully so you don’t expose your company to litigation. Prevention and preparation are important.

How do you fire an employee for theft?

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.

When do you terminate an employee for theft?

In virtually every employment lawsuit arising out of termination for wrongdoing, the first step of the termination process, the investigation, becomes the most critical years later in front of a jury. This is even more important when theft is involved. An allegation of theft is a powerful accusation and one that should never be taken lightly.

What happens if an employee is terminated for fraud?

Further, if the employee is advised (or otherwise becomes aware) that he was, or will be, terminated for engaging in fraudulent conduct, the employee may swiftly move fraudulently-obtained assets beyond the reach of civil recovery efforts.

Can a company terminate an employee without notice?

Employee theft is one of the few grounds for termination without notice in the common law provinces; as one trial court recently explained: [2] More significantly, [the discovery of employee dishonesty] undermined the trust which was an essential ingredient of [the employee]’s relationship with [the employer].

What should you not do when firing an employee?

Because you are kind, caring, and tend to give employees another chance. But, these are the top 10 things you do not want to do when you do decide to fire an employee. How you fire an employee is incredibly important. Do not fire an employee using any electronic method —no emails, IMs, voicemails, or phone calls.

Can a theft cause an employer to terminate an employee?

It is often referred to as a cardinal sin which goes straight to the foundation of trust necessary to maintain an employer-employee relationship. Historically, theft was viewed by arbitrators and courts as a repudiation of the employment contract and establishing theft could justify immediate termination of employment for cause.

The path of least resistance is for the firm to simply let the employee go without any accusation of theft. In general, employers are not legally obligated to tell workers why they’re being terminated.

Is there a threshold for dismissal after employee theft?

Question: If an employee is found to have committed theft of the employer’s property, is there a standard as to the value of the stolen property or number of incidences that meet the threshold for dismissal without other discipline?

Can a company terminate an employee without a reason?

But for most employees, companies don’t need a reason. Unless you are covered by a bargaining agreement or employment contract, you’re likely an at-will employee. Employment at will means that an employee can be terminated at any time without any reason and without notice.

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