Tag - theft

How to Handle an Employee Who Violates Company Rules with Threat to Property

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Employers are sometimes faced with the challenge of imposing disciplinary action on employees who commit an offense that poses serious and imminent threat on the property. An example of this scenario is commission of theft of employer’s property. The common understanding is that the employer has to ask for an explanation or issue the Notice to Explain (NTE) to get the side of [...]

Theft by Employee; How to Handle the Investigation and Prosecution

Theft by an employee of a company property may be one of the most disappointing incidents in the relationship between the employer and the employee. While this may cause heartbreak the employer should handle this professionally and efficiently in accordance with the legal requirements. The Revised Penal Code generally defines theft as an act committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property [...]

Sample Notice to Explain for Stealing Co-Employee’s Cellular Phone

Sample notice to explain is shared in this post to help practitioners on how to craft the procedural requirement for employee discipline/dismissal. The post below is based on the book Human Resource Forms, Notices & Contracts Volume 2 by Atty. Villanueva. Form No. 136 Notice to Explain (First Notice) – Stealing co-employee’s cellular phone To : FON STILLER Clerk From : HR Date : _____________________ Subject : Notice to Explain HR received a complaint from Ms. Moby L. Ladik that [...]

Sample Notice of Hearing for Stealing Co-Employee’s Cellular Phone

Sample notice of hearing is provided here to guide HR practitioners on important concepts to remember when implementing procedural due process in employee dismissal. Take note that the offense committed in this sample notice is not against the company. The victim of theft of cellular phone is the employee. Hence, it falls under the analogous cause of Article 297 [formerly Article 282] of the Labor Code, as amended. The post below is based on the book Human Resource Forms, Notices [...]

Sample Notice to Explain for Stealing Co-Employee’s Cellular Phone as Analogous Cause

Sample Notice to Explain is provided to guide HR practitioners of the approach in enforcing discipline for offense committed falling under analogous cause. Earlier, we posted about the analogous causes under Article 297 [formerly Article 282] of the Labor Code, as amended stating that under the DOLE issuance they should be indicated in the company’s Code of Discipline to validly invoke the same as ground for dismissal. Below is the sample notice to illustrate this concept. This is based on [...]

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) – [...]

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 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 [...]

Sample Notice of Dismissal for Theft of Company Property

Sample notice of dismissal is provided in this post for the offense of theft of company property. The post below is based on the book Human Resource Forms, Notices and Contracts Volume 2 by Atty. Villanueva (pp. 130-132). Form No. 74 Decision to Dismiss (Final Notice) – Theft of company computer To : Name of Employee From : HR MANAGER or other responsible officer Subject : Theft of company computer Date : (Date of issuance) This refers to our show [...]

Theft of Company Property – Notice to Explain

Theft of company property may be ground for dismissal. Commission of theft by employees may cause not just his dismissal from service but also a live threat for criminal prosecution. The Revised Penal Code generally defines theft as an act committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latter’s consent (Art. 308, The Revised Penal Code). Conviction in a [...]

Theft as Serious Misconduct and Ground for Dismissal

Theft can fall under serious misconduct or willful breach of trust. In either case, it can be ground for dismissal. The post below is based on the book Guide to Valid Dismissal of Employees Second Edition (See citations in the book of the doctrines discussed hereunder). The Revised Penal Code generally defines theft as an act committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal [...]

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