Can I fire an employee for theft without proof? 07-21-2004
Can I legally fire an employee for suspicion of theft? We have no proof. And if I do terminate him for this, can he collect unemployment?
Rita Risser replies:
This potentially could be not only a wrongful termination but also slander. He would be entitled to unemployment if you can't prove misconduct. However, you don't have to prove beyond a reasonable doubt. Circumstantial evidence can be enough. For example, if you never had any thefts, you hire a new employee, and then there is a theft that only could be by an employee, that may be sufficient evidence. Contact a local attorney asap to help you through the process. Good luck.
Our program on Managing Within the Law teaches managers how to prove and document terminations legally.
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