Employee Theft? Proceed Cautiously
After an employee has stolen from the company, you may wonder if it is time to press charges. While pressing charges can send a message to other employees that they will suffer serious consequences for theft, it can also be difficult to prove that your employee stole from you. Still, there are several other ways you can handle the theft.
Decide On Whether Your Employee Will Remain With You
First, determine if you would like to keep the employee. Depending on the severity of the theft and the importance of the employee, you may choose to simply document the theft and inform your employee that this action can impact his or her opportunities for promotion. The decision to steal should be a factor regarding the responsibilities that your employee is given. You can also choose to place your employee on administrative leave or suspend your employee.
Working With The Police And Your Attorney
If you intend to press charges, you will immediately want to contact the police so that they can conduct an investigation. You should never attempt to gather evidence yourself without the direct instruction of law enforcement.
Before you contact your employee about the theft, talk with a professional, like Souders Law Group, and ask for advice on how to proceed with this manner. Depending on how you handle the situation, you could find yourself in legal trouble if you do not have sufficient evidence that your employee stole from you. For example, you may have a key card record that shows that only your employee would have had access to the item stolen.
Terminating Your Employee
If you choose to terminate your employee, you will need to determine if a special liability exists. This is when your employee is considered to be a part of a protected class (e.g. minorities, those with disabilities, etc.). You may face a discrimination lawsuit that you could lose if you do not have overwhelming evidence that your employee stole from you. Your employee may make an unemployment claim against you. Also, depending on how the theft case plays out, your employee might sue for defamation.
Avoiding A Defamation Lawsuit
To avoid a defamation lawsuit, you will need to take care in how the investigation is carried out. The fact that the employee is being investigated for theft must be kept secret. If word gets out amongst your employees that someone is under investigation, and it turns out that he or she is innocent, then you could tarnish a reputation. Here, you will want the assistance of a lawyer and law enforcement to verify that you have enough evidence to press charges before you formally inform your employee that he or she is being charged with theft.