Categories: Employment Law

Workplace Theft. A Complicated Problem.

Ever had an employee steal from your company? Sadly – it happens more often than it should.

So what actions should/can you take as an employer if you think you have a problem?

Here are some crucial steps to consider:

  • First – investigate rather than rush to judgment. And investigate carefully. Failure to get the “facts” may cost you, the employer.
  • Rely on neutral investigatory procedures.
  • Use investigators that are impartial.
  • Interview all parties with knowledge of the problem separately to avoid “story contamination”.
  • Explore all leads carefully.
  • Do not ask leading questions when interviewing suspects and other staff.
  • Avoid hostile interrogation techniques.
  • During an investigation, use discretion around your staff and treat the evidence you accumulate as confidential. Unfounded or careless statements can leave you facing an expensive defamation lawsuit.
  • Treat digital evidence carefully. Make sure employees are aware that as a condition of their employment, you, their employer, retain the right to monitor information acquired through your computer hardware. If you have not made your right to this information clear, you may be liable for violating common law privacy rules.
  • Also use great care with respect to employee social media accounts. You may not require your employees in Connecticut give you password access to their social media accounts.

Finally – have a consistent employee theft policy in place and enforce it consistently. Failure to do so will allow those accused of wrong doing to claim discrimination.

If you need help creating an employee handbook that protects you as an employer or you have a case of employee theft and are uncertain as how to handle it, call a well trained Connecticut employment law attorney. Each of the attorneys at Kainen, Escalera & McHale have over twenty years of experience with these matters. And we are Connecticut’s leading employer defense law firm. Contact us if we can help you.

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