Kellie Auld: Owner, Simply Communicating
It's difficult to give a black-and-white response on how to handle employees stealing from the workplace because it depends on what they're stealing and the potential impact on the business. But I will treat the question as though we are dealing with tangible items being stolen and give some basic rules around how to handle such a situation.
The first question is how the information came to light. Whether an investigation is internal or external will depend on the nature of the theft and, of course, the frequency and impact on the business. The employer may need to make a decision as to whether or not an employee should be suspended (with pay) or can remain on the work site during an investigation. But remember, unless someone is literally caught in the act of stealing – suspicion alone is not going to be enough – delve deeper into what evidence supports the suspicion.
Be organized in your investigation. Document everything.
Investigations must be as confidential as possible. If an employer takes action against someone they suspect of theft before investigating it and there is a plausible explanation for his or her actions and no real theft occurred, the employee could have cause to take action against the employer. Tread carefully.
Depending on the evidence you will probably have to speak with the employee in question and identify the fact that an investigation is underway and state what the allegations are. Employers must also let employees know what their rights are, and that includes the right to a witness (union representative) and the opportunity to properly respond to the allegations.
Lissa-Maria Pietracupa: Human resources consultant
First off, don't panic. Second, resist the temptation to build a public guillotine. Workplace "stealing" can occur in different ways and therefore should be handled on a case-by-case basis. Begin by answering the following questions:
- What was taken (supplies, equipment, money, time)?
- How long ago did the incident occur?
- What is the impact of the loss (financial, morale, reputation, etc.)?
- Do you "think" you know who is responsible?
- Has it happened before?
- Is there any possibility the item(s) may have been misplaced or taken by accident?
Next, conduct an investigation. How you answer the questions above will affect how to conduct your investigation. The goal of any investigation, however, is to get the facts straight. Review all the history and evidence to determine your next step(s), not to mention separate truth from gossip.
The B.C. Employment Standards Act lists theft as a serious infraction where only one incident is needed for "just cause" termination. The onus, however, is on the employer to prove that theft occurred.
So once you have proof, then what? It depends. It comes down to ensuring the punishment fits the crime.
In the end, protect your company against workplace stealing by having a well-known investigation practice. However, the real secret for stopping sticky fingers is to foster a healthy internal culture where taking company resources is contrary to your corporate values.
Murray Tevlin: Founder, TevlinGleadle Employment Law Strategies
If you know, rather than just suspect, one of your employees is stealing from you, then it is pretty straightforward what to do.
Before you know someone is a thief, you usually suspect it.
If you are wrong about it, and if you are found to have acted in an insensitive way or to have made defamatory statements around the issue, much misery, pain and legal fees will follow, for all concerned.
So how do you make sure?
First, you gather all the available evidence in a business-like and organized way.
Evidence will include surveillance video, preferably high-definition images of several transactions over time. Evidence can be other employees reporting unusual behaviour or statements from the employee indicating a theft. People brag about this stuff at weekend parties, seriously.
In one case, a senior manager turned up at a marina with a newer and larger boat than his boss'. This triggered very serious computer forensics to find out how this could be. Missing inventory can also be traceable by accounting records.
In a continuing money theft by a clerical employee, there was an "ink bomb" sting, where the employee had no choice but to come out of the washroom covered in indelible ink from the purloined package. This is an extreme example of a "trap" such as marked money, an alarm, a secret camera in an out-of-bounds space, etc.
Having gathered the evidence, the employer should call the person in with at least two management witnesses present (why? think American Beauty). The evidence should be put to the person for comment.
