Quick Answer: Can I Be Fired For Theft Without Proof?

How do you fire someone for stealing?

A Step-by-Step Guide to Terminating Employees for TheftThe Investigation.

The Appropriate People Should Conduct the Investigation.

Make Sure the Accused Tells Their Side.

Follow Your Own Internal Policies.

Make Sure Your Witnesses Provide Their Own Testimony.

Preserve Records and Recordings.

Catching the Thief.

Destroy the Expectation of Privacy.More items…•.

Can you get fired without proof?

Unfortunately, getting fired without a reason can happen to just about anyone. In many cases, unless there is a contract or bargaining agreement, employees are considered covered under employment at will, which means your employer doesn’t need a reason to fire you.

How do you handle suspected employee theft?

What to DoMake sure your evidence is strong. … You will probably want to terminate the employee immediately. … Notify the police. … Don’t deduct anything from the employee’s final paycheck. … Don’t discuss the situation with other employees or outsiders.More items…•

Does an employer have to prove theft?

This is even more important when theft is involved. … While an employer ordinarily bears no burden of proof at trial, the jury will look for the employer to prove an accusation of theft beyond a reasonable doubt. The employee’s first tack in a trial will be to attack the quality of the investigation.

What are the 5 fair reasons for dismissal?

The “causes” that are grounds for dismissal run the gamut including: illegal activity such as stealing or revealing trade secrets, dishonesty, breaking company rules, harassing or disrupting other workers, insubordination, excessive unexcused absences, and poor job performance by some objective measure.

What happens if I steal from my employer?

If you’re lucky, you’ll be able to repay what you’ve stolen and walk away from the situation altogether, but if the company decides to seek criminal justice, you could be facing jail time. … However, most often than not, if you do whatever your employer suggests, you can avoid criminal charges for petty theft.

How long does a company have to prosecute for theft?

four yearsThe statute of limitations for felony theft is four years. The typical way you find out that there is a warrant for your arrest is when the police come looking for you or you get stopped while driving a car. If you want to start fighting your case and know what is going on then you should hire a lawyer immediately.

What is the punishment for employee theft?

718 of the Code, is deemed to be an “aggravating circumstance.” A conviction for employee theft can have extremely serious consequences. Where the amount is in excess of $5000, the Crown will generally seek a jail sentence.

Can you be sacked for stealing without proof?

If you steal from your employer, the starting point is quite simple — this can, and often does, amount to gross misconduct. This means you can be dismissed immediately and without notice. … The employer only needs to have ‘reasonable belief’ that the act took place.

Can you be fired for being accused of stealing?

After being accused of theft at work you could be facing two types of consequences: termination and/or criminal prosecution. Obviously, accusations of theft at work are extremely serious and could not only affect your immediate livelihood, but also your employment for years to come.

What to do when someone falsely accuses you of stealing?

Steps to Take If You Are Falsely Accused of a CrimeRealize the seriousness of the accusations. … Understand the cost of a defense. … Intervene before charges. … Take no action. … Gather any physical evidence and documents. … Obtain witness contact information. … Investigation. … Plea bargain.

What happens if you get fired for stealing?

The company you stole from could charge you with gross misconduct and fire you immediately. Or you could face suspension, without pay, while the company conducts an investigation, in which case you could still be terminated or face a major demotion or transfer. And yeah — you may also face criminal charges as well.

Is it worth suing your employer?

If you sue your employer, it won’t be enough for you to prove that your employer made the wrong decision, or even that your employer was a no-goodnik. If you don’t have a valid legal claim against your employer, then you will ultimately lose your case. One big reason to think twice before you sue.

Why do good employees get fired?

These include but are not limited to stealing, frequent absence or lateness, insubordination, poor performance, drug or alcohol possession at work, and posting dumb stuff on social media. But sometimes good employees are fired for bad reasons.

What is the maximum sentence for theft from employer?

A person found guilty of theft from employer on conviction on indictment would be liable to a maximum custodial sentence of 7 years.