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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 21607
Experience:  Employment/Labor Law Litigation
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I have an employee who has been stealing from the last 9

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i have an employee who has been stealing from the last 9 months. whats the best way to proceed with this.
JA: Have you discussed this with your HR staff? Or with a lawyer?
Customer: no.
JA: Is your employee "at will?" Does the employee belong to a union?
Customer: no
JA: Anything else you want the Lawyer to know before I connect you?
Customer: yes we are a MSB and she has been working here for 4 years

Thank you for trusting your question to JA today. I am a licensed attorney with over 14 years of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

 

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You should document the theft and then confront the employee. You should then terminate the employee and be prepared to resist any unemployment request that they might submit.

 

You should then report the theft to the police.

 

You did not indicate your state, but in most states if there is a dispute of this nature, you can actually hold their last check to try and reclaim your loss. The rest you'd have to sue them in state court to try and receive.

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Customer: replied 10 days ago.
We are in California. For termination does there have to be a letter or can we terminate verbally. If she applies to unemployment how do we resist. What documents need to be done in order to prove the rejection of unemployment.

You can terminate verbally. However, you should absolutely put in writing somewhere why you made the decision.

 

Unemployment will ask you why she was terminated. You just give the basis for termination as misconduct and then provide any evidence that you have.

 

There are no specific documents (like forms). You just need documentation. That just means write down what you are seeing, what you are thinking and why you made the decision to terminate. If you have accounting documents that help to show the theft, have those available. If there are witnesses, have those available.

 

When you bring in the employee, they may admit to it and seek to reduce the damage to themselves. Write down what they say.

 

 

I would not hold the employee's check in California though. They are very strict.

 

You'd just have to sue and/or seek recompense with the criminal charge.

Allen M., Esq. and 11 other Employment Law Specialists are ready to help you
Customer: replied 10 days ago.
Should we letter her sign of letter of resignation?

You can certainly do so if she is willing.

 

That would cut off any change of an unemployment claim. It would also not forestall any investigation for purposes of seeking a return of the funds.