Employees respond best Theft To protect its interests, the employer suspected that one of his employees stole company should immediately consult a lawyer for advice. Typically, a lawyer will advise employers to take steps which include: launch an investigation immediately: A small business owner must start the investigation admitted theft by an employee immediately. Prevent employers from the clash with the criminal and civil law limitation.
Place Third Party Billing Investigations Employee: An employee management than supervisors who first observed or reported the theft should conduct the investigation. This is to avoid the stigma of bias to the more involved players will bring to the investigation. In addition, employers should interview the accused in the presence of tight witness.
Maintain Confidentiality: Maintain confidentiality of all investigations is important. Failure to act discretely in dealing with employee theft can filed a lawsuit accusing the company with scandal employee.
Document Investigation: It is also important to document all interviews when investigating claims of theft. Employers must collect sufficient evidence to ensure that the theft occurred from the company and performed by the employee. Evidence that it will be useful in several arenas: in advancing criminal or civil prosecution of the accused, in collecting from the insurance company if the company is insured against theft by employees, and defense against any possible discharge action against employer.
Notify Bonding Company or Insurance Company: If company maintains fiduciary bond or employee dishonesty insurance, the company must notify the bonding company or insurance company immediately to find out about loss.
Notify Authority: Employers may want to file criminal charges against a former employee. If the company filed a criminal complaint, an investigation by the police or other government agencies occurred. Prosecutors to decide whether to pursue the case, the employer may request restitution through the criminal process without having to file a civil lawsuit. Regardless of whether the crime was maintained, the employer should consider filing a civil suit against the former employee to recover the value of the stolen items.
Preventing Employees Theft To proactive help business owners small control employee theft, a lawyer will be an advocate for small business owners as to what is allowed by law. Preventive measures that can be taken, as follows: Administration: Employers should have in place regular scheduled review, reporting processes, and other forms of checks and balances to increase the probability of detection of any breach of loyalty. A small business owner is not wise to focus oversight responsibility to one employee, but rather to create a structure that is designed to ensure the co-operative business ethics and proper teamwork.
Audits:In certain fiscal ground, it is prudent for employers to audit and financial control procedures in place. External and internal financial controls should be part of routine surveillance management.
Video company: The small business owner can consider other ways that are more creative supervise the work area, such as maintaining video surveillance of employees at work. However, video monitoring may not include sound, as a scout with the voice recording found to violate the individual’s right to privacy. Video surveillance should be limited to areas that are not naturally private in nature, such as locker rooms or access bathroom.
E-mail: In addition, employers must have a work policy that allows them free access to all employee e-mail. Lawyers will advise business owners as a way to protect its interests without violating the constitutional rights of its employees.