Employee theft is defined as any stealing, use or misuse of an employers assets. Although money is the first thing that comes to mind, stealing in the workplace isn t. Its never pleasant to discover that a member of staff has been stealing. So, we created these collections theft response procedures to provide guidance to the multiple functions involved in theft response, and to suggest actions to take before and after the incident. In cases of theft before the ccma, the employer needs to draw the commissioners attention to the following, namely by. An arbitrator must therefore seriously consider whether it is just and reasonable in the circumstances of the particular circumstances of the particular case to substitute a lesser penalty, and cannot merely rubberstamp an employers decision to discharge an employee for proven theft. The procedures are designed for use by all cultural property organizations museums, libraries, archives of any size. An employer must ensure that a proper and fair process is followed prior to the dismissal. Employment law dealing with theft in the workplace harris. Logically and clearly written, workplace law is a practical guide to complex areas such as dismissal, unfair labour practices, employment equity, collective.
Sep 16, 2009 say your theft from work amounts to little more than a few envelopes or a stapler, or perhaps some stamps or stationery in other words a mini raid on the stationery cupboard. This fact was highlighted in a 2012 retail ireland report on black market trading, counterfeit goods, shoplifting and theft. Everything you need to know about handling employee theft in a 10 minute read, brought to you by employment law experts wirehouse. Follow the disciplinary procedure and dismiss the employee or. If an employee is charged with a crime outside of work for example theft or assault over the weekend while they are off duty, in circumstances which have no relation to the workplace, then depending on your employment contract you may also have grounds for termination. In criminal law, theft is the illegal taking of another persons property without that persons freelygiven consent. Noncash fraud is theft of company property such as workplace supplies, equipment, food or proprietary information. Learn more about theft crimes, and other related topics, by visiting findlaw s section on property crimes. Aug 07, 2015 employees may steal large amounts of money, workplace supplies, equipment or intellectualproperty. Just as serious are employees who steal by completing inaccurate timesheets, claiming reimbursement for items not purchased, fraudulently transferring funds or misusing a corporate credit card, cheques or taxi vouchers.
Law would then cash the checks at a local checkcashing facility. Small businesses just dont have access to large inhouse legal counsel or hr teams, so while it is important to act both quickly and decisively. As long as the company has a legitimate need to film, the areas under surveillance are public, and employees know about the filming, these practices are likely to be upheld by a court. Dr grogan has been involved in the practice and teaching of labour law for over 20 years, and left his position as head of the department of law at rhodes university for private practice as a labour lawyer in 1997. Here are some suggestions for how to prevent or discover theft or fraud in your workplace. Partnering with a law firm is a crucial step because it allows you to be cooperative with the investigative process without making the problem worse. Stealing from your employer is not an official crime in the state of florida. Tangible theft which means that physical items are removed from the location without consent such as equipment, merchandise and machinery. Theft may range from an employee taking home workplace stationary to.
Intangible theft which incorporates the theft of intellectual property such as. The theft that you are dealing with may fall somewhere in between these two extreme examples. Although money is the first thing that comes to mind, stealing in the workplace isnt. Apr 12, 2017 common types of theft in the workplace. Theft in the workplace bullying is a difficult situation to deal with in the workplace, especially if its challenging to get a factual and impartial record of events. Jan 21, 2015 continuing our series of workplace theft stories, this post looks at five recent examples of employee theft in the news. For instance, you do not have the right to question anyone you suspect of workplace theft in an attempt to draw a confession. Employee theft law and legal definition employee theft is a considerable problem for many companies, but its precise extent is poorly documented. Office of procurement and property management theft in the workplace. The current economic climate has given rise to a major increase in workplace theft. Require supporting documentation when signing checks or authorizing transactions. I came across a few instances of theft from me by employees, including one large one when a pound was a pound.
There has been extensive case law regarding employee theft which is viewed by the courts as a serious disciplinary offence normally justifying. About this time last year, a perth australia woman was jailed for six years for stealing from two of her employers. Suspicious activity needs to be dealt with swiftly, firmly and fairly. If an employee is stealing, the employer has two options regarding the theft. Employers have the responsibility of defining what actions in the workplace constitutes stealing. Employees may steal large amounts of money, workplace supplies, equipment or intellectualproperty. As a manager conducting an investigation into workplace theft, you need to know the limits of your authority and stay within them. Wage theft occurs when employers dont pay their employees what they owe them for their work. Managers should also be taught that the law and order hotboxing method of. There is also theft by false pretenses, for example by selling a stolen car while pretending that the offender is the true owner of the car.
Employee theft is a considerable problem for many companies, but its precise extent is poorly documented. By its very nature, employee theft isnt easily discoverable. If the theft is particularly damaging to your business, its likely that youll have cause to dismiss the employee for gross misconduct. Houston employee theft lawyer embezzlement in houston. There are various things business owners can do to protect their organisation without necessarily involving the police at all. For example, an individual could pretend to be law enforcement and tell a victim that the item is being confiscated, but in reality the offender is stealing the item from the individual. Over this time it has become one of the most widely quoted and used textbooks in south african labour law. First published in 1996, workplace law 9th edition marks more than a decade of reliance on this work by labour professionals. How should i approach employee theft in the workplace. Bullying in the workplace can take many different guises but what do you do when an employee is stealing. This refers to the stealing of money or property that belongs to another person by someone who is in a position to manage or monitor the assets. This report found that theft costs retailers 861 million each year, 110 million of which is a result of shoplifting and theft. Workers may justify stealing workplace property by saying theyre not hurting.
And they should never do so without first consulting legal counsel. A stepbystep guide to terminating employees for theft part two. This article will outline what to do if you suspect a theft has been committed, and how to deter thieves in the first place. The report also described seven other types of fraud.
Here are some common examples of wage theft in the workplace. Wheelclamping is not theft in england contrary to the position in scotland because there is not the intention to permanently deprive. Before you can learn more about minnesotas wage theft law, you need to know what wage theft is. Your natural instinct is to confront them immediately. Employment attorneys can also be of assistance to employers who mistrust certain employee actions and need help to implement safeguard policies.
Employee theft law and legal definition uslegal, inc. Say your theft from work amounts to little more than a few envelopes or a. This sort of harassment can take many forms at work and its important that hr professionals are prepared to deal with any iteration of it to ensure employees. Find out more about this topic, read articles and blogs or research legal issues, cases, and codes on. Dismissal and consequences of employee theft in the workplace. Many employers use cameras and video surveillance in the workplace, often to prevent theft or to monitor what employees are actually doing while on the clock. Theft, however, is actually a broader term, encompassing many forms of deceitful taking of property, including swindling, embezzlement, and false pretenses.
Talk with employeesat staff meetings, by email and through printed postingsabout theft and the employers position on it. Theft in the workplace guardian careers the guardian. Give you training on potential workplace safety issues. Local law enforcement officials may investigate an employees workplace theft, resulting in criminal charges and a finding of guilt. Schill law group in arizona has handled numerous cases related to accusations of workplace theft and we can walk you through the process. But theft has a very broad legal meaning which may encompass more than one category, and multiple degrees, of crimes.
Proving that the employee knew that theft is prohibited and is a dismissible offence. Storing trust account checks and deposit slips separately. An employee submits to the company invoices for fictitious goods or services, inflated invoices, or invoices for personal purchases. The term theft is sometimes used synonymously with larceny. While the vast majority of employees do the right thing, employee theft affects businessowners everyday. Tangible theft is the stealing of anything physical, such as the purse of a colleague or a company laptop, while intangible theft concerns nonphysical, intellectual property like or trademarks. Practical steps for addressing theft in the workplace. Nov 12, 2018 an arbitrator must therefore seriously consider whether it is just and reasonable in the circumstances of the particular circumstances of the particular case to substitute a lesser penalty, and cannot merely rubberstamp an employers decision to discharge an employee for proven theft. Theft in the workplace is a fact of retail but it can still be difficult to deal with. Say your theft from work amounts to little more than a few envelopes or a stapler, or perhaps some stamps or stationery in other words a mini raid on the stationery cupboard. Primerus is an international society of top rated, independent, boutique law firms delivering outstanding results to clients at reasonable rates.
Although the latter tends to be more costly to businesses, hr needs to be prepared for both kinds of theft in the workplace. Regardless, you will still need to manage the problem. There are two choices if an employee steals from the employer. Feb 08, 2017 theft, or being in possession of unauthorised company property in the workplace, happens when an employee takes goods including money, equipment product, etc. Call the police and have the employee arrested, as it is a criminal offence to steal. The term theft is used widely to refer to crimes involving the taking of a persons property without their permission. The law has, however, been complicated by semantic arguments, leading the court of appeal to say that the law is in urgent need of reform to make cases understandable to juries. Ss 26 of the theft act 1968 provide definitions of each of the elements of theft. Employee theft complete guide for uk employers wirehouse.
I would argue that when it comes to removing items from the workplace, that there should be a less rigid definition of what theft means. The sanction of summary dismissal for theft, as such, is seen in most employers disciplinary codes in the workplace. New minnesota wage theft law takes effect monday duluth. Employment law dealing with theft in the workplace. Almost 80% of cases referred to the commission for conciliation, mediation and arbitration ccma are due to unfair dismissal, of which most cases are related to misconduct that lead to dismissal. In the shoprite checkers cases that ended up in the supreme court of appeal sca the judges had to. Osha provides resources for young workers, including information on how to protect yourself in jobs in. Most people think that theft in the workplace even of an item of nominal value entitles an employer to dismiss an employee without an alternative, such as a final written warning. Aug 30, 20 unfortunately, employee theft is an issue that many employers face. If you need assistance or advice any theft in the workplace issues, please contact our employment law team. There is another category of work theft that many of us know embezzlement.
Houston theft attorney lisa shapiro strauss explains more on theft in the workplace. Workplace experts offer these suggestions for preventing theft. Theft in the workplace informational material the following informational brochure contains suggestions on reducing the potential for theft in the workplace. Unfortunately, employee theft is an issue that many employers face. A criminal act in which property belonging to another is taken without that persons consent. Mar 20, 2019 theft is the classic crime against property, and is typically understood to mean the taking of property from another without their consent. However, its vital to be certain that youre within your rights to do this, otherwise your employee may take legal action against you. Recently, i was contacted by an employer who uncovered an employee dipping the till in a retail workplace.
There has been extensive case law regarding the appropriate sanctions for theft, especially in the case of petty theft. Heres a look at the various considerations of employee theft, as written by lawyers and law firms on jd supra. If the employee refuses to admit theft even where there is. However prosecutors and judges treat it in a more serious manner than general theft charges. Setting an example to other employees that commission of a similar act will be dealt on with the fullest extent of the law in addition to losing their respective jobs. Theft in the workplace is a serious misconduct that places additional pressure on a business in terms of profitability and sustainability. Theft may range from an employee taking home workplace stationary to millions of dollars. Jan 21, 2017 before i became a solicitor i spent about 20 years in retailing, developing, running and selling my own retail businesses. In criminal law, theft is the illegal taking of another persons. If you are suspected of theft in the workplace, a criminal defense lawyer will be able to discuss with you the repercussions of such an accusation and possible courses of action. How to deal with theft in the workplace royds withy king. If an employee is found guilty of theft, the court may order restitution of the stolen money as part of the sentencing.
An employer whose employee has been found guilty of theft must take note of all the circumstances surrounding the theft. Postal worker in portland steals mail postal worker john paul osburn, 32 was arraigned on charges of 114 counts of mail theft and 30 counts of identity theft. There is also theft by false pretenses, for example by selling a stolen car while pretending that. Leading evidence to prove that the employee committed the misconduct for which she was.
Workers may justify stealing workplace property by saying theyre not. Provide you with resources to answer your questions on safety or health in the workplace. It has long been held that summary dismissal is the appropriate sanction for theft. 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. Employee theft in the workplace labourman consultants. Published by the seyfarth shaw austrailian practice group. This article will outline what to do if you suspect a theft has been. Employee theft in the workplace hhg was top law firm. To find out how office smart you are about preventing office thefts, take the following short quiz. Theft in the workplace bregmans bregman moodley attorneys. The following informational brochure contains suggestions on reducing the potential for theft in the workplace. Census bureau does not track employee theft as a category but refers researchers to the annual retail theft survey conducted by jack l. Please keep in mind that comments are moderated and please do not use a spammy keyword or a. This article provides a theft overview, including definitions and specific examples.
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