How to file a dismissal notice for theft of company property?

Sample notice of dismissal is provided in this post for the offense of theft of company property. The post below is based on the book Human Resource Forms, Notices and Contracts Volume 2 by Atty. Villanueva (pp. 130-132).

Can a company prove that an employee stole something?

It is advisable to formulate the allegation as ‘being in possession of company property without authorisation’ as it is in certain circumstances difficult to prove that the employee has stolen something with the intention to deprive the employer thereof.

What happens when an employee steals from the employer?

Employee theft is an unpleasant reality in the workplace, but when the employee is still on the job, at least the employer can easily confront the worker. But what’s an employer to do if the theft is discovered after the employee leaves the job and moves out of state? Does the errant worker get off scot-free?

Can a criminal case of theft be filed against an employer?

While theft is considered as one of the just causes for dismissal of an employee, the employer shall still comply with the procedural aspect of termination to make the dismissal valid. Furthermore, employers shall be reminded that filing of a criminal case of Qualified Theft against the employee is not totally binding with the labor tribunals.

Can a theft of company property cause dismissal?

In this connection, theft of company property constitutes serious misconduct, which is a just cause for dismissal under existing provisions of the Labor Code. After a thorough review and discussion on the matter, we find that your behavior was deliberate, wrongful, unjustified and constitutes serious misconduct.

What should you do if your employee is stealing from your company?

You must have a policy in place that outlines procedures to be followed. Make sure your company policy clearly covers both the topic and the repercussions. And make sure all your employees know the company policy. Let employees know that any dishonest acts come with serious consequences.

Can a terminated employee bring back company property?

You have made up your mind: Joe has to go, but he’s got a company laptop at home. Whether it be a cell phone, iPad, laptop, or some other property, employers are rightfully annoyed that, in Massachusetts at least, you can’t refuse to provide their final paycheck unless they bring back what belongs to your company.

What to do if an employee won’t return property?

Depending on the value of the property at issue, an employer may be able to file a small claims action against a former employee who won’t return its property. Also, in some circumstances you may be able to put an employee on an unpaid suspension pending the return of property.