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Thread: Theiving Employees

  1. #1
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    Default Theiving Employees

    If an employee steals from the shop he/she works in and is caught 'red handed' by the owner stealing, can the employer terminate their employment immeadiately without incuring costs' and running the risk of legal action from a Dominican lawyer?

  2. #2
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    I tend to doubt it...

    HB

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    Default Me Either

    Me either, (agreeing with HB) but every circumstance is unique.

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    Dont fire the guy, install hidden cameras. Get it on tape, so there is proof.

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    Theiving Employees

    --------------------------------------------------------------------------------

    Quote "If an employee steals from the shop he/she works in and is caught 'red handed' by the owner stealing, can the employer terminate their employment immeadiately without incuring costs' and running the risk of legal action from a Dominican lawyer"?




    Please, I posted the question in Legal because I need a definate answer, not an opinion. Please only answer the thread if you know the answer.
    Many thanks

    J&T

  6. #6
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    Quote Originally Posted by j&t's future View Post

    Please, I posted the question in Legal because I need a definate answer, not an opinion. Please only answer the thread if you know the answer.
    Many thanks

    J&T
    In that case you ought to retain the services of a lawyer.
    However, that may still only buy you a legal opinion.


    Above posters have responded their opinion based on what has been discussed, read or heard here about similar cases many times over.
    Alternatively, you might want to perform your own Forum search and maybe it will help you to form your own little opinion.

    From the insight I have acquired from reading this and other Forums on this issues, I have come away with the impression (call it just another opinion),

    • that at the least opportunity of doubt the law tend to protect employees (opt for the employee's side of the story),
    • that it is unwise to just take things in ones own hands and fire a red handed caught employee without following ALL formalities, maybe even including paying severance EVEN if at that time the repentant employee seems to accept the "punishment", as they may turn around a few days later and sue you for all sorts of things on their families' advice (they have opinions too),
    • that, as hinted by a poster above, you will need definite irrefutable PROOF that the employee is stealing or otherwise causing harm or not fulfilling it's duties.

    ... again, just my opinion based on what I hear, see, read.


    ... J-D.

  7. #7
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    Quote "In that case you ought to retain the services of a lawyer.
    However, that may still only buy you a legal opinion".

    Thank you for this advice. I guess I should have done this initially instead of posting the question on here.


    Kind regards

    J&T

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    You need to have proof,

    Then you need to file a police report and have them arrested

    Then you need to report the incident to the labor board, request an inspector.

    Based on the inspectors report, you should be able to fire them (this needs to happen within 15 days of you catching the thieves and making your report to the police)

    You will still need to pay them whatever amount of vacation and christmas pay they have accrued but they forfeit their "preaviso" (notice) and "cesantia" (severance)

    Bear in mind that if you accuse them without proof you can be sued. It is questionable whether the police and judges will accept surveilance videos as proof.

  9. #9
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    video is often not proof enough. You cannot see the bills exactly, they can claim all sorts of things like they were changing bills with their own money, etc.

    we found out that you basically have to pay the severance pay every time, even if you catch them stealing. The law sucks.

    if you fire anybody without severance and you're a foreigner, you have a 90% chance of getting sued and they will sue for 10 times the amount they are due in severance pay.

  10. #10
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    You can terminate the thieving employee for cause, but if you cannot prove the theft in court, you will have to pay severance and very probably will have to answer a suit for damages from the employee.

    If you caught the thief red-handed and you have witnesses, go ahead and fire him with the advice of a labor lawyer and a criminal lawyer who can tell you what you'll need to do: notice to the labor office within 48 hours, complaint, etc.
    Fabio J. Guzman
    Guzman Ariza
    Attorneys-at-Law
    Sosúa, Santo Domingo, San Francisco de Macorís, Cabrera
    Las Terrenas, Samaná, Bávaro (Punta Cana) and La Romana
    Dominican Republic


    [email protected]


    Website

    The opinion above should not be construed to be formal legal advice and was given without reviewing the facts and documents pertinent to the case. The reader should NOT act based upon this opinion without seeking professional counsel.

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