Terminating an employee for stealing, in Ontario.

[Conner Lantz]

#80043

Hi Glenn, hope all is well.
We have an employee who we suspect is stealing money. He has been with the company 4 and half years. If he admits to stealing what should I ensure is written and signed by him; an admission to stealing, how he did it and how much and due to this he is resigning from his position.
What else should be included in this letter signed by the employee?
Thank you.
Mirella

[Conner Lantz]

#80044

OK. Answering this question would be bordering on offering legal counsel, which I’m not qualified to provide. So, my first suggestion is getting a lawyer to draft the letter.
What I CAN say is that if I were an HR director in the position you describe, I would make it a point to include:

1. The exact details of what the employee did and when he did it;
2. The employee’s acknowledgement that he knew that his actions violated company policy and were in no way justified, excused or condoned by management or anybody else;
3. The amount of money involved;
4. The plan, if any, for the employee to repay the money;
5. A statement of the employee’s decision to resign and/or acknowledgement that his conduct constitutes just cause for termination without notice or wages in lieu of notice;
6. The employee’s agreement not to sue or pursue any legal action against the company
7. The consideration, i.e., the thing of value the employee will receive for waiving his rights to sue. Possibilities: Your promise not to sue him; forgiveness of the debt
8. Signature and date

I want to again emphasize that this is just a general opinion based on a theoretical situation and in no way constitutes legal advice. I still urge you to talk to a lawyer, especially if this is a termination situation. Hope my thoughts on  the matter are of some help, though. Glenn

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