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Dismissal for Theft in the Company
Investigations for Dismissal for Theft in the Company, when to contact an Investigation Agency.
Dismissal for Theft in the Company falls within the Investigations for Companies. Theft in the company violates the principles of good faith and correctness enshrined in our legislation. Such conduct, moreover, not only invalidates past and present relationships but also compromises future ones, as one can no longer rely on anyone who has been discovered committing a theft in the company. Theft or attempted theft in the company can be one of the cases in which it is possible to proceed with dismissal for just cause of the employee. It matters little whether the stolen objects are of modest size or not, in fact, despite the economic value, the theft of company assets damages the relationship of trust between worker and employer.
The Alpine Investigation Agency has been carrying out investigations for theft in the company for over 30 years, the activity carried out is indicated in an investigative report, valid in court.
DISMISSAL FOR THEFT IN THE COMPANY: WHAT TO DO
Theft in the company violates the principles of good faith and fairness. If there is a suspicion of illicit theft of company assets carried out by one or more employees, the burden of proof falls on the employer. It is therefore necessary for the employer to produce evidence that establishes the circumstance in a concrete way and not as an abstract fact. Such conduct, moreover, not only invalidates past and present relationships but also compromises future ones. However, let's see in detail what consequences the unfaithful employee can face and how it is necessary to obtain incontrovertible evidence of such illicit conduct.
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Theft in the Company: the role of the Investigative Agency
Among the obligations between the employer and the worker there is the obligation of good faith, the worker is required to comply with the obligation of loyalty for the entire duration of the employment relationship, this obligation ceases with the end of the employment relationship if a non-competition agreement has not been stipulated. Find out more. The Alpine Investigation Agency has been carrying out investigations for companies since 1992, acquiring data and evidence to be used in the appropriate Courts. By operating at 360°, the investigations are coordinated in line with the needs of the client, aware that the fraudulent aspect of the employee's behavior must be demonstrated. With these assumptions, investigations are initiated, through which investigative reports that can be produced in court are compiled.
The investigative activity is structured by always taking into consideration the objective that the client wants to achieve:
- Verification of movements at agreed times, through static (so-called stalking) and dynamic (so-called shadowing) visual monitoring activities; Use of GPS satellite systems, as foreseen and authorized by Ministerial Decree 269 of 1 December 2010; At the end of the investigations, a Written report that can be produced in court accompanied by photographic evidence and videos; Intelligence activities based on Osint and HumInt Documentation through films and/or photos testifying to any extramarital relationship; List of employees who carried out the investigation for a possible call as witnesses in court in the competent court.
The opinion of the Court of Cassation
The Court of Cassation also expressed its opinion on the matter with Sentence no. 12489 of 2011, deeming the investigative activity carried out by an Investigation Agency legitimate. The company can legitimately make use of an Investigation Agency to verify any illicit behavior of its employees. In this specific case, the appeal presented by a dismissed worker was rejected. The art. 2 of law 300 of 1970 (Workers' Statute) does not exclude the possibility for the employer to appoint investigative agencies to carry out investigations into offences. The employer can therefore make use of an investigative institute in the case of conduct that goes beyond the scope of the work content. For example in case of Violation of the state of illness, Violation of permits pursuant to Law 104/1992, Unfair Competition, Theft in the Company, etc.
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