Employee theft

[Smudger1964]

Recently an employee came in to say he had to carry out some work for another company (he was previously self-employed up until January of this year when he joined us and signed na employee conract). I pointed out that as this was work directly in competiton with us he was not allowed to do this. I took legal advice form our Employment solicitors and he was sent a letter to this effect.

The next day this guy went off on sick leave (something he threatened to do at the end of the meeting).

Last week one of my salesmen was visiting a customer of ours when he saw the employee working at the premises (bear in mind we have a sick note up to the end of September from him. He admitted doing paid work for the company (the company in question are not interested and just want him to complete the work. They correctly say it is between us and our employee, but their morals stink!).

We invited him to an investigatory meeting but he has sent in a letter stating he has now resigned his position as he believes his actions are gross mi-conduct and is suprised we haven't dismissed him already. however, we are going through our disciplinary procedures the correct way as advised by our employment lawyers with a view to dismiss him if the case was found. We have also paid him for his time off sick, which I understand we are able to claim back from him.

Today we have carried out a stock check as we know the exact equipment and chemicals he needs to carry out the work. Bear in mind we carried out a FULL stock check only 5 weeks ago and logged all the batch numbers of our equipment as we had a new SAGE system installed. We have found stock errors totalling in excess of £1,000 and the only explanation can be that this guy has taken this stock.

I have checked our CCTV and unfortunately it only goes back 7 days and he went on sick leave just prior to this.

What action can I take as I can only summise he took the stock. The only proof would be to check his garage which I'm sure he wouldn't let me do. Should I report this to the police and what is th elikely hood they would investigate.

[dotty.]

so there is no possibility that you or another employee is trying to frame him then? See? adrift with mine fields.

[jno]

if you've been robbed, report it to the police. You can tell them your suspicions; it's up to them what they do about it. Theft is against the law.

[boxtops]

If your suspicions are genuine, tell the police. They'll be able to look in his garage.

[Eve]

Report the theft and let the police make their own investigations in the proper legal way.

[Eve]

Another thought, if you will be claiming on insurance then I'd have thought they would need a police reference number if claiming for stolen stock.

[Smudger1964]

Dotty! Why would I want to frame someone? Not everyone in this world is immoral you know!

[sunny-dave]

I think dotty is merely pointing out the difficulties you may face in making any accusation stick - rather than actually making any adverse comment on your morality ...

[dotty.]

you say yourself you have no evidence whatsoever apart from some audit result and a dodgy timeline, the police will not get a search warrant for anyone's garage just based on that. can you absolutely confirm that your deliveries and invoice checking are 100%? You say you have a new system, how foolproof can you guarantee it is?

[Smudger1964]

Dotty, where is the dodgy timeline? Stock Check 30th & 31st July (double check by different people to ensure count and batch numbers are correct). New system goes live 1st August. Nothing can get picked from stock unless it has a picking list generated by the SAGE system (if you know anything about manufacturing and accounting systems you would know this is accurate). We ship dangerous goods so nothing can be shipped without a shipping note generated from the picking list. Therefore everything used is all accounted for. 15th August employee tells me about his outside job. 16th August employee goes off sick. 3rd September employee is caught on site. 5th September letter issued to employee. 7th September resignation letter received. Today stock check. Where is the dodgy timeline? If anything was to be found in his garage it would be marked with our batch numbers which are unique to us. We are the only producers of these chemicals in the UK so where else would he get them from? We know the work as we have done it in the past so we know exactly what chemicals and equipment are used. Is it just coincidence that these items are exactly what is missing? I came on here for advice not to be abused.

[dotty.]

Maybe AB is not the site for you if you are not able to accept that people see things from several aspects and don't just accept one side of an account. Please report any of my responses that you feel were in any way abusive as a newbie please refer to Site Rules on reporting, the button is bottom right.

[sherrardk]

As you say yourself, you can only surmise that this ex-employee took the stock. If you genuinely suspect that the stock is missing due to theft rather than a stock take error/problems with your new system then I would say that your next step is reporting the theft to the police, there is no other way that you can look in the ex-employee's garage. (Personally, can't see any personal abuse, just debate and differing opinions.)

[wolf63]

I agree with dotty - you can't prove that this guy stole the items. The SAGE system only shows what has been entered on it. The goods may have been taken by anyone who has been able to access that part of your business.

That is not to say that the guy is innocent - but you have no proof of his guilt.

If the goods are dangerous and traceable it may be that the Police will be interested and able to investigate. Go and speak to them.

[Smudger1964]

thanks sherrardk. A straight answer such as yours is what I am looking for. Before I registered I looked at similar questions and there was some good advice from what appeared to be solicitors. That's why I gave it a try. as for abuse, maybe not but the first comment is not what I call constructive or balanced "so there is no possibility that you or another employee is trying to frame him then?"

[sherrardk]

There are solicitors and legal professionals who use the site, maybe they are not here at the moment. Being fair to dotty, it reads to me as if she is playing devil's advocate. (You are probably too close to the problem to see that there might be other conclusions APART from the one you have arrived at.)

[dotty.]

you have to be absolutely convinced that noone else could possibly have taken the goods or that noone else could possibly be trying to convince you the ex-employye took the goods, can't you see how that makes any accusation without definate proof risky? which is exactly what i was making the point about, i don't usually reiterate or repeat myself but you have read the statement as an insult not as a reasonable reaction from an outsider looking in on your issue.

[Smudger1964]

There are only three people in the company that know about this. The salesman who caught him on site and my second in charge who was away all last week on business overseas. I carried out the stock check myself today as I know what is used on the particular job so nobody else knows about the stock. It comes down to the stuff missing is exactly what is needed for the job. What would you conclusions be?

[dotty.]

you have 4 possible suspects

[sherrardk]

Or you could be talking crap.

[craft1948]

ooooh sherrardk................

[dotty.]

lol