Employee Rights When Accused of Theft
It’s not something you like to think about, but employee theft or fraud can rob you of profits and trigger conflict at your workplace. As a business owner, you must be vigilant when it comes to ensuring that your employees are not engaged in theft, which can include fraudulent bookkeeping, falsifying expense reports, creating fake invoices, and outright stealing of physical property. However, proving theft in the workplace requires evidence. Your employees have rights when accused of theft, and knowing those rights can help you adhere to the proper procedures and prevent a situation in which an employee got fired for stealing but falsely accused.
The Right to Review Human Resources File
One of the most effective ways of proving theft in the workplace is to build a case against an employee through rigid documentation that catalogs all the reasons for firing an employee for stealing. This documentation is typically filed with human resources, and after you have accused an employee of stealing, that employee has the right to review his human resources file. Although the legal language varies by state, employees can request access to their work files to determine whether or not they agree or disagree with what it contains. Therefore, it’s vital that you keep accurate documentation in a personnel file, because proving theft in the workplace is impossible if you lack a record of employee discipline, performance and violation of standards. A complete file can also protect you if one of your workers claims they got fired for stealing but falsely accused.
The Right to Refuse to Take a Polygraph
If you’re thinking about firing an employee for stealing, but you want to administer a lie detector test prior to making a decision, you must comply with the federal Employee Polygraph Protection Act. This is a law that applies to employees who don’t work for the government or for national defense. It gives those workers the right to a written notice, at least 48 hours before the test, that states you have a reasonable suspicion that the employee in question is involved in the theft that triggered your investigation. The act also requires that you provide the employee with a statement that informs her of the right to refuse to take the test. It also requires you to provide a list of topics that can’t be discussed, an explanation of how you will use the results and the employee’s legal rights if you don’t administer the test legally. A polygraph test can provide crucial evidence for firing an employee for stealing, but if you don’t adhere to the law regarding this process, your employee can file a claim with the U.S. Department of Labor.
The Right to Privacy
The right to privacy is limited at private businesses, which is why many companies can monitor employee emails, listen to voicemails and monitor internet usage without violating privacy laws. However, you must be careful how far you push things. For example, you can get in legal trouble if you try to detain an employee from leaving the premises. Employees have the right to leave your office if they request to do so. Barring an employee from leaving because you suspect he stole something can be construed as kidnapping, depending on the circumstances. Employees also have the right to refuse a body search unless a law enforcement officer who has probable cause to believe that the employee has stolen property conducts that search. It’s important to remember that following the proper procedures can give you cover if an employee claims he got fired for stealing but falsely accused.
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Writer Bio
Sampson Quain is an experienced content writer with a wide range of expertise in small business, digital marketing, SEO marketing, SEM marketing, and social media outreach. He has written primarily for the EHow brand of Demand Studios as well as business strategy sites such as Digital Authority.