theft and searches

System · April 2005

As I type, an event unfolds in one of our restaurants. The manager leaves the safe full of deposites unlocked in the locked office. An employee asks for something out of the office. The manager gives EE the key and the EE goes in the office. Later the manager returns to the office to find one large deposite missing. The manager heads to the employee bathroom (used by all employees to store their personal belongings) and finds the deposit in the pocket of a jacket that the manager believes belongs to the EE he earlier allowed in the office.

What should the manager do? Was looking in the EE's jacket pocket a reasonable step?

HR in CA · April 2005

[font size="1" color="#FF0000"]LAST EDITED ON 04-11-05 AT 04:16PM (CST)[/font][br][br]My advise is to contact your local police and have them investigate. Was the search reasonable? It depends, what does your policies say about personal belongings? However since the jacket was easily found, perhaps someone could just as easily slipped the envelope into the jacket. Again this is a job for law enforcement!

System · April 2005

We do have a policy regarding personal property that states that we have the "right to inspect and throw away the contents of the area should the need arise."

This employee bathroom is recognized as the location for personal property at this restaurant.

HR in CA · April 2005

[font size="1" color="#FF0000"]LAST EDITED ON 04-11-05 AT 04:15PM (CST)[/font][br][br]If the employee knew that there was no expectation of privacy with the jacket in the bathroom, then the search may be legal depending on state law. When we have had to search employee's personal property we always have the manager and someone else there as well. We also have the employee in question present as well. Again I feel that law enforcement should be called in to investigate.

Don D · April 2005

I'm no cop but agree that you should call them. You have by now I'm sure. I cannot imagine that even an unreasonable search would mean you forfeit the property which obviously belongs to the restaurant. It might impact prosecution; I don't know. I'm almost sure the manager will recall that the deposit was in plain view sticking out of the jacket pocket.

pork1 · April 2005

I concur with Don, but you know the first thing that popped in my mind was this manager's hidden agenda. It smells like "HOG POOP" to me!

This manager is not very smart, to leave his office vault unlocked, then to give the keys to a particular employee, who ends up with a restaurant deposit in his pocket.

If you accept this story then simply regain control over the deposit and counsel the manager on security of company property. To this ee with deposit in his pocket you need to check the ee out for "brain power". He/she is to dangerous to be around our HOGs, less on people/customers.

PORK

System · April 2005

I am sure you are all on the edge of your seats to hear how this one turned out. Right or wrong, here is what we did. Took the money out of the ee's pocket and asked the ee if they took the money. The ee admitted to taking the money along with spilling tons of info about how they got themselves into some financial problems...which led to taking the money. This was not an ee with anything negative on their work record. They fell apart with the admission.

In accordance with our theft policy, the ee was terminated.

I do see the "bring in the authorities" argument. However, I saw that as excalating a situation.

I think there is also the argument that the employee was more likely to admit the theft to their manager who they don't want to disappoint than to an officer.

Don D · April 2005

Excellent. So, you terminate him and send him down the road to commit the same act at the next restaurant? "Escalating a situation", you say. Not escalating, but, advancing it to it's natural conclusion, which is what our system of laws is intended to do. Calling the police would ensure, hopefully, that the guy would be hauled in to court and made to pay for his crime. Or was your company only concerned about the daily deposit?

HR in CA · April 2005

Don makes an excellent point. Without the former employee getting his due legal process for stealing, there won't be anything for the next employer to find on his/her background should they run a check. Your former employee may just head towards the next establishment and repeat the crime.

While the former employee is probably grateful that they were not arrested, they now are even more desparate financial situation. I would tighten up my money handling processes NOW and grow a third eye in the back of my head if I were the manager whose lax procedures contributed to the event.

globex · April 2005

Don:
I admire your faith in the judicial system. On the other hand, as a synic, I am sure that if the attorney did not get the "search" thrown out, the judge would let him off as a first offender, thereby the question of "have you ever been convicted of a felony?" could be answered no.
I am sorry, I guess I have been watching too much Law & Order.

System · April 2005

And what became of the manager? I imagine he/she was at least 'written up' for a few obvious shoddy practices.

Whatever · April 2005

One problem is solved. However, the actions of the manager should also be addressed. Leaving a safe unlocked and then allowing access to their office shows poor judgment. Searching the ees clothing may have been very illegal. Do you have a policy on privacy?

theft and searches

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