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Can an employee be legally fired for having their employer's property even though they have not left the premises?

 

Introduction

When an employee is discovered to be in possession of their employer's property without authorization, it raises questions about the appropriate course of action for the employer. This situation can be tricky to navigate, as it may not always be easy to prove that the employee had the intention to steal. This article explores the legal considerations and options available to employers when faced with this issue.

Understanding Employee Theft

Employee theft or being in possession of unauthorized company property typically occurs when an employee takes goods, money, equipment, or other assets belonging to the employer without lawful rights and with the intention to keep or use them for personal gain. The critical element in such cases is proving the employee's intent to retain the goods, thereby depriving the employer of them permanently.

Employer's Choices When Faced with Employee Theft

Employers have two primary options when an employee is suspected of theft:

1. Follow the Disciplinary Procedure and Dismiss the Employee:

Employers can initiate a disciplinary procedure to investigate the alleged theft. If the evidence substantiates the claim and the employee is found guilty, the employer can proceed with dismissing the employee. This option ensures that internal processes are followed before taking legal action.

2. Involve Law Enforcement:

Alternatively, employers can choose to involve law enforcement and have the employee arrested. Theft is a criminal offense, and an employee caught stealing may face legal consequences. However, this option comes with certain considerations.

Challenges with Involving Law Enforcement

If the employer decides to call the police and have the employee arrested, the employee will typically remain employed until the employer formally dismisses them. It's essential to note that once an employee is in jail, the employer cannot require them to attend a disciplinary hearing. Holding such a hearing in their absence would be procedurally unfair.

The best practice in this scenario is to conduct a disciplinary inquiry before contacting the police. If the employee is found guilty and dismissed, then law enforcement can be notified, and further legal action can be taken if deemed necessary.

Special Cases

In cases involving potentially harmful or dangerous items, such as firearms, drugs, poisons, or very expensive items, employers should notify the police immediately and have the employee arrested to ensure the safety of all parties and the protection of valuable assets. Dismissal can follow afterward.

Useful Tips for Dealing with Employee Theft

1. Incorporate Theft into Your Disciplinary Code:

It's essential to include theft as a serious offense in your company's disciplinary code. Clearly define the consequences, which may include dismissal for a first offense or as part of a category of offenses falling under 'dishonesty.'

2. Be Vigilant:

Employee theft often goes unnoticed, so it's crucial for managers to be alert to any suspicious signs and ready to investigate when necessary. Implement security measures and controls to deter theft and detect it promptly.

Conclusion

Dealing with employee theft can be a challenging process for employers. Whether to pursue a disciplinary procedure or involve law enforcement depends on the specific circumstances and the nature of the stolen items. Following a well-defined process and incorporating theft into your disciplinary code can help employers address employee theft effectively and minimize its impact on the workplace. Swift and fair action is key to maintaining trust and security within the organization.

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