06
Dec
How To Dismiss Employee Who Committed Theft
How to dismiss employee who betrayed the trust of employer or committed serious misconduct by stealing company property?
The following steps should be taken:
- Establish that indeed theft was committed
- What was taken?
- Object (computer, laptop, device, money, etc.)
- Documents (records, check, official receipts)
- Files (manual, policies, etc.)
- When was it taken?
- Date it was taken
- Time it was taken
- What was taken?
- Observe the weather (raining, sunny, windy, etc. as these could help in other determinations)
2. Where was it taken?
- Which room?
- Warehouse?
- Which Floor?
- Which tower?
- Which building?
- Desk? Drawer? Cabinet?
Grab a copy of the newly released, re-numbered and updated Labor Code 2018
3. Proof that theft indeed transpired
- Witnesses
- Who saw when it was taken?
- Who saw when the thing was being carried?
- Who saw that the suspect went to the area where thing was taken?
- Who saw the bag, pouch, vehicle, etc. where the thing was loaded or placed after it was taken?
- Who saw where the suspect went thereafter?
- Who saw the demeanor or behavior of the suspect?
2. CCTV
- Is there CCTV in the area?
- If there is, view the footage
- Print the relevant footage
- Show frames of the movement (approaching, taking, hiding, storing, loading, leaving, nervous, etc.)
- Make sure the print out shows the time, date, etc.
- Save the footage in CD or USB or other storage files
- Action taken after knowledge of theft
- Police Blotter
- Go to nearest police station and narrate the incident
- Give the name of suspect
- Give the description (height, color, hair, etc.)
- Barangay blotter
- Entries of security guards
- Go to nearest police station and narrate the incident
- Police Blotter
- HR action
- Issue Notice to Explain (NTE)
- Issue preventive suspension
- Conduct Hearing/Conference
- Issue final decision (termination, suspension, etc.)
- If necessary, file criminal case accordingly.
- If employee has both material and juridical possession then the case is qualified theft
- Otherwise, it may just be simple theft
- Implementation and Recording
- When the decision is dismissal, it should take effect immediately (Unless you want the suspect to steal more or sabotage the company property)
- There is no need to observe the 30-day prior notice
- A dismissed employee still has to process clearance
- Require payment of lost items
- Update the 201 file
For more on this topic and discussion, grab a copy of the book Guide to Valid Dismissal of Employees Second Edition by Atty. Elvin B. Villanueva.
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