The same manager has caught them twice before doing the same thing before.The computer has no record of the order they claim to have entered. They admitted to taking an order, but there is no receipt. They said it must be a computer glitch . Is this a good enough reason to fire them or could the owner be faced with a lawsuit?
Twice before ? Gee, this doesn t sound like a glitch !Did you give the employee a warning letter this is a great help to keep on file anddocument that it has happened before -One time, OK - that could happen, twice, no not likely, three times ? ?Document it well including why no receipt appeared on the computer - that is notlikely 3 times - -it is not there - OK, keep the employee and let them continue to steal or risk a lawsuit - thelawsuit is minimal to missing cash out of the drawer every so often. If they areguilty it would be difficult to prove they are innocent when the facts speak forthemself.
You can terminate employment with cause for almost any reason. Suspicion of theft is sufficient cause in most cases, but it does leave you open to a claim from your local employment standards if the employee pursues it. You can always terminate with cause for another reason (eg. not following employee protocols).Termination without cause is always available by giving the employee fair notice. No reason has to be given and you are completely covered legally.This is based on Canadian provincial employment law.
I don t know about lawsuit, but...My mom is a physician and has her own private practice, she caught her medical assistant stealing cash and fired her and still had to pay unemployment benefits, even though you would think that s a solid reason. :/ Stupid law system.