Can You Get Fired For Stealing 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 for something you didn’t do?

Unless you have a contract, or are part of a union, you are most likely an “at will” employee. That means you can be fired for any reason, even a false one, as long as it is not discriminatory (due to your race, national origin, gender, etc.)…

Does an employer have to prove theft?

An allegation of theft is a powerful accusation and one that should never be taken lightly. 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.

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.

Is theft grounds for immediate dismissal?

If theft is occurring in your business, it’s important to act as swiftly as possible to minimize the damage. In some cases, an employee’s behavior may merit dismissal. … Unfortunately, in many cases, the only way to keep the employee from hurting the business is immediate dismissal.

Can an employer press charges for theft?

Employers should carefully investigate employee theft before calling the authorities. In the case of employee-theft, the employer has several recourses at its disposal: it may terminate the employee, file a civil suit for theft and/or file a criminal complaint.

Can you be fired for stealing company time?

Stealing time involves employees misrepresenting how much time they’ve worked in order to fool an employer. The devious practice amounts to stealing, and employees typically should be fired for such unethical behavior.

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 I be fired for suspicion of theft?

Can an employee be fired for stealing? Under the Fair Work Act 2009, theft or fraud is considered to be “serious misconduct”. … Employers should always conduct a thorough investigation into an alleged theft prior to taking any disciplinary action against the employee.

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.

Can you sue your job for accusing you of stealing?

“An accusation of theft, if proven false, could lead to a defamation action. You need solid evidence, such as an eyewitness, before you can accuse an employee of theft. … However, once a particular employee is suggested as the guilty party, the employer can then ask questions regarding that employee.

What to do if your employer accuses you of stealing?

Were You Accused of Employee Theft? Here Are the Steps You Should TakeAsk Questions. … Seek Legal Representation. … Don’t Be Pressured Into Giving Up Your Right To An Attorney. … Remain Calm. … Know Your Rights.

How long does a company have to press charges 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.