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Old Yesterday, 03:00 PM
 
9,986 posts, read 14,188,037 times
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You have no grounds to assume probable past thefts. Though, that is likely the case.
So scratch that off. Otherwise, person has to be fired right away but, it has to be done legally, or he may turn around and sue you. Claiming 12 yrs of immaculate service and dragging into never ending court discussions if that's him on the video and other lawyers tricks.
So do 2 things:
1. call police and start a case. Show video to police so that you have it filed and you have case number. Officer will ask you if you are going to press charges, you say that you will let him know.
2. document theft with your company lawyer. You do have one, right?




Thereafter, fire the person. Have your legal person present, both as witness and as a legal support. Terminate employee immediately. Pay whatever you owe him plus whatever vacation time he's entitled to and maybe one month of COBRA, if you provide insurance. Don't make enemies. he likely knows your business in and out, and who's without sin himself? If he throws a fit, warn him about pressing charges. If he's stupid enough, proceed with charges.

 
Old Yesterday, 03:07 PM
 
Location: Aurora Denveralis
3,725 posts, read 1,247,297 times
Reputation: 5160
I can see no advantage to starting a police case unless the employee reacts so badly the leverage (and punishment, of just the accusation) is needed. As said above, it would be hugely difficult to prove any significant losses and while crappy and illegal, losing a 12-year job with minimal severance, no reference and no recourse is plenty of punishment. They will literally "never work in this town again" except at a McJob.

The only reason I'd say otherwise is if a quick audit shows the stolen amount to be more than maybe $1k a year. (Some bookkeepers have grafted hundreds of thousands in a few years - and that's into a different realm.)
 
Old Yesterday, 03:14 PM
 
65,748 posts, read 67,108,741 times
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when i was running one of our branches i had an employee taking money ... the owners had me let it run up to the level of grand larceny before ending it and turning him in .

Last edited by mathjak107; Yesterday at 04:27 PM..
 
Old Yesterday, 03:18 PM
 
4,179 posts, read 1,704,850 times
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Quote:
Originally Posted by NewbieHere View Post
Just terminate. But donít show the video until you are challenged by the employee.

Why wouldn't you? If conclusive, it would stop a wrongful termination suit in its tracks.
 
Old Yesterday, 04:23 PM
 
750 posts, read 821,957 times
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Why do you guys keep mentioning legal trouble with firing the employee? I get unemployment claims, but not legal trouble for firing an employee where he/she can get a lawyer involved. Where I work in CA an employer can fire you for any reason at any time. As long as it's not discrimination. Fire the employee and tell them why. I can't see how it would be possible to get in legal trouble.
 
Old Yesterday, 05:33 PM
 
95 posts, read 20,480 times
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Fire him ASAP and call the police.
 
Old Yesterday, 07:13 PM
 
Location: Paranoid State
12,921 posts, read 9,658,508 times
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Quote:
Originally Posted by mathjak107 View Post
when i was running one of our branches i had an employee taking money ... the owners had me let it run up to the level of grand larceny before ending it and turning him in .
I don't know much about labor law... but in the modern era, I'd be worried about doing that. The reason: during litigation for wrongful termination, I can just imagine the plaintiff's attorney saying that the owner's turning a blind eye (so theft ran up to a felony) was evidence that the owner knew and approved of such minor "errata."

But again, I don't know much about it.

OP: I would contact a labor attorney for the proper way to terminate the employee.
 
Old Yesterday, 07:34 PM
 
4,204 posts, read 3,541,821 times
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Quote:
Originally Posted by Quietude View Post
Graft is extremely common among long-term, often highly-reliable and trusted employees in retail situations.

I'm sorry to hear it, both for you and him. The few thousand he's likely pocketed is going to be his retirement fund.

But fire him immediately,
with two weeks to one month's pay in exchange for a no-dispute letter (get legal help with this and nail down every point you can). It may seem outrageous, but it's a small gesture that will forestall a huge amount of hassle should he sue, drag you through unemployment hell, slander and trash your business etc.

Also: Do NOT let him spend one unsupervised minute on your premises once you've dropped the bomb. Change your locks. Change your alarm codes. Change your passwords. Immediately.

Basically, line up everything before you so much as stop smiling at him.

This is sound advice.
 
Old Yesterday, 07:48 PM
 
Location: Brawndo-Thirst-Mutilator-Nation
15,519 posts, read 15,464,351 times
Reputation: 11289
I would be very careful, when firing the crook, he may react violently.
 
Old Yesterday, 08:53 PM
 
Location: SW Missouri
15,669 posts, read 29,465,934 times
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Quote:
Originally Posted by johntaylorny View Post
Looking for input here. Should we terminate him or give him another chance? 12 years is a long time to have a relationship with a person and we treated him like a friend, not just an employee # in a file.
He did not treat you like a friend.

Tell him he is lucky you did not contact the prosecuting attorney and file charges.
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