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Theft by employees, unfortunately, touches many employers. Such theft not only damages an employer’s financial well-being, but also affects employees’ morale and the company’s overall success.
If an employer suspects an employee has committed theft, the employer should proceed with caution; rushing to confront an employee without proper preparation could lead to allegations of wrongful termination or intentional infliction of emotional distress. An employer should consider the validity of the initial evidence and then obtain as much further information and evidence as possible. Additionally, the employer should review its applicable employment policies to ensure it complies with set policies and should review its previous actions in similar situations to ensure it acts consistently. Dallas employment lawyer Keith Clouse also advises employers to consult with legal counsel to discuss strategy.
Once an employer determines that sufficient evidence exists, the employer should reveal the evidence to the employee and should give the employee an opportunity to explain. If the employee admits to theft, the employer should inquire about others’ involvement, the amount and nature of the theft, and whether the stolen funds or merchandise will be returned. If possible, the employer should obtain a signed statement from the employee regarding the situation. The employer should then follow applicable discipline policies, including discharge procedures. The employer may also wish to contact the police department to report the theft and to pursue criminal liability.
For legal advice regarding suspected employee theft, please contact the employment lawyers at Clouse Dunn Khoshbin LLP at info@cdklawyers.com.
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