Sample Notice to Explain – Theft of Company’s Laptop
Theft of company property may be ground for dismissal of employment. If the employer decides to dismiss employee on this ground there are rules that need to be followed.
To avoid technical flaw, it is best practice to follow proven forms and templates on procedural and substantive due process aspects of termination.
The post below is based on the book Human Resource Forms, Notices & Contracts Volume 2 (pp. 135-136) by Atty. Villanueva.
Form No. 77 Notice to Explain (First Notice) – Theft of company laptop
To : Name of Employee
From : Human Resources Manager
Subject : Theft of company laptop
Date : (Date of issuance of Notice)
The incident which occurred in the premises of the office has been brought to our attention.
That on or about __________ day of _____________, during a routine inspection of your belongings on your way out of the company premises, the security guard on duty, ___________ (name of guard) found a laptop among your belongings. Upon closer inspection, it appears that the laptop is owned by the company, a __________________ (describe laptop’s technical specifications) previously issued to the sales and marketing department, particularly _____________ (name of employee entrusted with custody of laptop).
The laptop was immediately turned over to the head of security and a written report of the incident was submitted to this office for appropriate action.
In this regard, theft of company property constitutes serious misconduct, which is a just cause for termination of employment under the Labor Code.
In view of the foregoing, you are hereby required to submit a written explanation to this office within five (5) days from receipt of this notice, stating why the Company should not impose the penalty of dismissal for the act mentioned.
Furthermore, you are invited to a conference on _________ (date) at ___________ (venue) where you shall be accorded the opportunity to express your side on the matter. You may be accompanied by your own counsel at the said conference if you wish to be assisted by one.
Your failure to submit your written explanation within the period provided shall be construed as a waiver of your right to be heard and the Company shall decide the matter on the basis of all records and evidence available to it.
Your compliance is strongly encouraged.
Very truly yours,
_________________
(Name and signature of authorized signatory)
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