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Question & Answer
 
 

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.

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.
 
 
     
 
 
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