Employee robbery

[Butterdiner]

Jurisdiction

New Hampshire

I had a burglary a couple months ago where my safe was stolen at 3am after business hours. There are no cameras on the premise so, but it was very clear it was an 'inside job'. Detectives have been looking into it regularly and finally found that it was a current employee of mine whom has still been working for me since the incident occurred. The detective informed me "it was absolutely him", and escorted him off the premise for questioning. Detective has told me that a warrant has been issued for his arrest, however the employee has not technically been convicted yet. This employee actually attempted to return to work immediately following his interrogation at the police station claiming that there was no proof it was him and demanding his position not be terminated. Am i looking at a potential lawsuit by denying him access to the restaurant and terminating him based on the information given to me by the police? What type of paperwork do I need to file to cover my ass in this situation? Am I allowed to withhold the amount of money stolen during the robbery from his final paycheck? Please give me insite!

 

[mightymoose]

You can fire him, but you need to pay him for the time the has worked. No special paperwork... Just a boot in his butt
If he is convicted he could be ordered by the court to repay you.

 

[zddoodah]

Detective has told me that a warrant has been issued for his arrest, however the employee has not technically been convicted yet.

I'm not sure what "technically" means in this sentence, but a conviction is what happens only after charges are filed and either a trial occurs or the defendant takes a plea bargain. It sounds like charges haven't even been filed yet.

Am i looking at a potential lawsuit by denying him access to the restaurant and terminating him based on the information given to me by the police?

I'm not sure what "looking at a potential lawsuit" means. Obviously, anyone can sue anyone for anything, but firing an employee you suspect of stealing isn't something that gives rise to a valid civil claim (especially when your suspicion has been corroborated by police investigation).

What type of paperwork do I need to file to cover my ass in this situation?

You don't need to file any paperwork with anyone.

Am I allowed to withhold the amount of money stolen during the robbery from his final paycheck?

No.

By the way, that you're even asking these questions tells me you need to seek out and attend a class on employer-employee relations and employee rights.

 

[army judge]

What type of paperwork do I need to file to cover my ass in this situation?

You don't need any paperwork.

All you have to say is something like this: "Lucious, I regret having to say this, but I no longer require your services. I'll pay you for coming in today, a full day's wages. You can pick up your check in 72 hours. Today is Thursday at 1:00 PM, you can check pick up your final paycheck on Sunday at 1:00PM."

N. H. Rev. Stat. Ann. § 275:44, requires an employer to issue a final paycheck to a terminated employee within seventy-two (72) hours of the termination.

Am I allowed to withhold the amount of money stolen during the robbery from his final paycheck?

No, you can pursue the money IF the person is convicted.
A defendant is presumed INNOCENT until convicted.
During the termination don't say ANYTHING about the alleged crime, even if he asks you about it.

If he does ask about it say, "You are innocent until proven guilty."

Then say nothing more about the alleged crime.

It would be wise to have at least two other people nearby when you terminate this person.

The less you say the better for you, so prepare a script and stick to the script.

 

[Michael Wechsler]

Unless there is an employment contract, employment is at-will. You can terminate an employee for no reason at all. You can simply say that at this point your comfort zone is not in an employer-employee relationship and you may consider a different relationship at another time. The other recommendations are all sound.