Employers should know how to detect theft by an employee and how to properly handle suspicions. Depending on the particular situation and workplace, an employee anti-theft policy may be advisable.
Employee theft, even on a small scale, can result in big costs, particularly for small businesses. General work rules typically include provisions prohibiting theft by employees, but you may want to consider a specific policy targeting theft if you feel it's warranted.
The first thing you should know in combating theft by employees is how to detect it. Detecting theft can be difficult, especially if the thief is good at what he or she does.
Here are some signs to be on the lookout for if you suspect that an employee is stealing from you:
If you suspect that an employee is stealing and you want to confront and discipline the employee, we suggest that you first contact your legal counsel so that your rights — and the employee's rights — are protected.
If you have a reasonable suspicion that an employee is stealing or have actual proof, your lawyer might suggest that you follow these steps to address the issue:
Just as important as what you should do, the following is a list of things you should not do:
Keep in mind, even if you suspect an employee of theft, you should not accuse the employee until you have proof. A wrong accusation could cause irreparable damage to your relationship with other employees and to your business. It can also be expensive if the accused employee sues you for slander.
In case of a suspected theft, before you can require an employee to take a polygraph test, you must meet the following federal guideline requirements:
These guidelines, from the federal Employee Polygraph Protection Act, in no way authorize the use of the polygraph for random testing or use arising out of investigations of unspecific incidents. In addition to the above, there are more guidelines on notices that must be posted concerning who may conduct the test and how the test is to be conducted, and on recordkeeping and disclosure requirements.
As with other consultants, select your polygraphist with care and insure that the individual who works for you meets all necessary qualifications.
As a practical matter, few employers resort to polygraph testing because of the onerous requirements, including federal and state laws regarding polygraph testing. If an employee refuses to take the test, gets a doctor's note, or simply quits, there may not be much that you can do. If the loss is extensive, you may want to consult an attorney to discuss other courses of action.
If you're contemplating the creation of a policy specifically for anti-theft purposes, keep the following in mind:
Examples of anti-theft policies. The following examples of anti-theft policies are ones you can use in your business. If you use one, be sure to tailor it to your specific needs and intentions.
The first example presupposes that, at some point (most likely on an employment application or at orientation), employees were notified that a condition of employment included polygraph testing (provided your state's laws permit polygraph testing).
Stealing from XYZ Corporation or from other employees will not be tolerated. Materials may not be removed from company premises without approval. XYZ Corporation reserves the right to define "materials" in specific instances but, generally, if it doesn't belong to you, leave it in the office.
Because of the company's desire to prevent and detect theft, your terms and conditions of employment include polygraph testing when theft is suspected, routine searches of the workplace, and electronic surveillance.
Stealing is grounds for immediate termination and may cause the company to bring criminal charges against you.
The next example is simpler and a little broader:
XYZ Corporation will not tolerate stealing, nor will it tolerate the possession of company property or other employees' property without prior permission.
Whether you should use a broader policy depends on your particular business needs.