When To Report An Employee To The Police
These are situations above and beyond what justifies someone being fired. You have reason to think the person has committed a crime, will commit a crime, poses a potential threat to you or someone at your business, or that threat’s been realized. Having police cars in front of your business may not be your desired image, but it’s better to be safe than sorry.
My Employee Is A Thief
Theft is a crime as an international litigation lawyer can explain. Depending on the amount and how it’s stolen (like pointing a knife at someone), it could be a felony. Some thefts are more sophisticated, and some are easier to prove. You may want to consider quietly contacting the police and discussing the issue. Go talk to them. Don’t have an officer come to you where the employee can see what’s happening.
Discuss your evidence and whether it may be strong enough for a conviction. If not, consider ways to build a case that sticks. One solution could be installing hidden cameras after hours or reading every email they send or receive on your company system.
If your employee is embezzling from you through your computer system or works as a bookkeeper, that won’t do you much good. Talk to your IT provider to see how they can be monitored and your accountant about finding out where the money came from and where it’s going. You may need to hire a forensic accountant if it’s a complex scheme.
Keep in touch with the police, and once there’s enough evidence to support criminal charges, work with them on the timing and location of an arrest. To avoid possible workplace violence, keep it outside your business. Don’t let it get any closer than your parking lot.
If there’s this much evidence of theft, you have far more than enough to fire the person. You may also want to talk to your attorney about getting a court order requiring the person to stay away from the business and its employees. Laws vary depending on which state you’re in.
My Employee Is Dangerous
If your employer strikes someone on company property or off it while on duty, they should be fired and the police contacted. Your employees should be encouraged to cooperate as our friends at Focus Law LA would advise. You don’t want to be victimized by violence, do you? You should help the person attacked and help create accountability for your employees.
If your employee threatens someone, you should fire them and call the police. Do you want them around if they’re this out of control? This is especially true if things at your business could be picked up and used as weapons.
This is the course of action if the target is a customer or fellow employee. It’s also correct if the employee does this on company time, uses a company phone, your email system, or a company-issued smartphone to text the threat.
The target could be a spouse, family member, or landlord. If you’re aware an employee is violent, do nothing about it, and your employee assaults or kills someone, you run the risk of being sued for failing to contact the police.
The lawsuit may not be a winner, but it’ll generate publicity you won’t want. Do you want reporters asking you why you didn’t call the police to prevent the murder of the person’s estranged spouse?
If you’re considering calling the police to report an employee, contact your lawyer and discuss the situation. You can talk about your obligations and the potential liabilities if you contact or don’t contact the police. A court order keeping your ex-employee away from your business would also be a good idea.
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