Intervening in cases of suspected fraud or theft in the workplace

If you suspect fraud or theft by an employee, act with due care: substantiate the suspicion, conduct an investigation within privacy regulations, apply the principle of hearing both sides, and build evidence. Only then can you take measures, up to and including summary dismissal and filing a police report. Acting hastily can backfire.

Often it is the company's own employee

Research shows that fraud or theft within companies often involves an employee. Precisely because employers trust their people, the impact is significant—financially as well as in terms of trust and atmosphere. This makes a careful approach all the more important.

Substantiate the suspicion and investigate thoroughly

Start by mapping out the facts. Conduct an investigation, but within the limits of privacy (GDPR): monitoring must serve a legitimate interest, be proportionate, and be as minimally intrusive as possible. For further investigation, you can engage a specialized detective agency; they, too, must comply with the rules. Covert and borderless investigation is risky.

The right of reply and evidence

Confront the employee with your findings and give him the opportunity to respond (the principle of hearing both sides). Carefully document the evidence and the process. A well-substantiated file is indispensable if it comes to dismissal or legal proceedings; weak or unlawfully obtained evidence can be excluded.

Take measures

During the investigation, you can place the employee on inactive duty or suspend them. If fraud or theft is proven, this may constitute grounds for immediate dismissal, and you may seek to recover damages and potentially file a police report. Respond without delay but carefully; the requirements for immediate dismissal are strict.

Frequently Asked Questions

Am I allowed to investigate an employee if I have a suspicion?

Yes, but within the privacy rules: with a legitimate interest, proportionate, and as minimally intrusive as possible. Covert surveillance is risky.

Can theft lead to summary dismissal?

Yes, it can be a compelling reason. However, you must act without delay and with due care, and substantiate the evidence well.

What do I do during the examination?

You can place the employee on inactive status or suspend them, and apply the principle of hearing both sides while gathering evidence.

Need help with fraud or theft in the workplace?

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