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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19689
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I had two employees under suspicion of steeling with only 4

Customer Question

I had two employees under suspicion of steeling with only 4 employees on staff two are missing money both reported in the last week. I was going to fire both or one if they admit it but of course they both deny is there recourse if I fire them both?
JA: What state are you in? It matters because laws vary by location.
Customer: Wisconsin
JA: Has anything been filed or reported?
Customer: no all internal
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just want to know if they can sue me because I have no choice?
Submitted: 1 month ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 month ago.


Thank you for the information and your question. I assume that these employees are "at will" employees and do not have a contract that limits your ability to terminate them. If so, then as the employer, you can terminate them for any, or no, reason and with no notice or warning. The only exception, other than a contractual restriction, is that an employer cannot target a particular employee for termination simply because of their race, national origin, gender, age (over 40), disability, pregnancy or military service.

Anyone can sue whether they have a case or not, so I can't predict what they will do, but unless their situation fits into one of the exceptions I mentioned, you could lawfully let them go. You may have issues if you choose to dispute their eligibility for unemployment benefits, which is a different legal issue, as you will have to carry the burden of proof that they were involved in the theft. But again, that doesn't mean you can't terminate them, just that they might win their unemployment cases.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box above (or pop up), I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 1 month ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 9th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at:

Thank you.