05 Jun THEFT = MISCONDUCT
Theft equals misconduct because it illustrates a willful or deliberate act within the employee’s control that violates company rules and regulations. Theft is dishonest and may be considered criminal, and an action of theft may lead to an employee’s immediate discharge, pending any investigation.
When assessing the case of “alleged” theft, employers must tread carefully. A wronged employee – either one who is innocent or one whose theft cannot be proven – may file charges against the employer with a number of agencies, including the police. An allegation which prompts an employee’s termination where misconduct is not supported can result in the employee filing a discrimination charge with the state or federal agency. Employers should also be mindful that branding an employee a “thief” could result in a civil action such as defamation.
Often an employee suspected of theft can be discharged for violation of policies dealing with cash handling or safeguarding of company property. These cases are generally easier to make than actual theft and can also result in a finding of misconduct and denial of benefits.
Steps to insuring a proper investigation of theft:
1. Begin the investigation immediately upon notification of the theft (waiting too long allows the “trail” to become cold). Report the theft to your local police or sheriff.
2. Immediately suspend the employee suspected of theft.
3. Work with your security department to ensure a joint effort (a same sex management person should be present during any interrogation by security of any employee).
4. Questioning of employee should either be taped or reduced to writing. Any written statement taken from the employee should be signed and dated.
5. Allow the employee in question to fully explain the circumstances, e.g., was given permission to take the item; has a receipt proving payment for the item.
6. Ascertain exact dollar amount of loss. If amount is insignificant (taking of a candy bar), or was a necessity at the time, (gloves for the cold), while you can certainly discharge the individual you may not prevail at the unemployment insurance hearing.
Things to bring with you for an unemployment insurance hearing on theft:
• Company policies on theft, cash handling and safeguarding company property
• Signed acknowledgment by employee of company policy/handbook
• Any prior warnings of a similar nature
• Witnesses to the theft including security investigators
• All evidence obtained during the investigation (sales receipts, video surveillance, statements from witnesses, etc.)
If you have questions about how to proceed on a specific case, contact Prestige Employee Administrators, Inc.