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Roger, Lawyer
Category: Employment Law
Satisfied Customers: 30903
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Can I terminate an employee suspected of stealing (the ...

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Can I terminate an employee suspected of stealing (the petty cash)? This employee was given the sole responsibility to take care of the petty cash box. This is the second incident that money under this employee''s "care" has been "lost".
Submitted: 8 years ago.
Category: Employment Law
Expert:  Roger replied 8 years ago.

If the employee is not under contract, he/she is an at will employee and can be fired for any reason or no reason at all so long as it is not discriminatory (race, sex, religion, etc.). If under contract, there are likely terminating events, one of which is likely stealing.

Because the employee is stealing, you could bring criminal charges. However, you would probably just wish to terminate his/her employment and move on.

The fact that the employee was stealing should also keep you from having to pay unemployment benefits to the employee.

Customer: replied 8 years ago.
Can I terminate even because of suspicion? No one actually saw her take the money. I am holding on to the fact that I have entrusted to her the petty cash and she should have "protected" it "with her life".
Expert:  Roger replied 8 years ago.

You can fire anyone for no reason, or for any reason - so long as it isn't discriminatory. Therefore, you can let her go. However, if you don't have solid proof that she actually took any money, but you suspect, she may be entitled to unemployment benefits.

Please let me know if you have any additional questions. If not, please click "Accept" so I may receive credit for my time. Thanks.

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