Theft by OLP (opening lockfast place)

[colin_mckellar]

I run a print shop currently have an employee who has been using the shop keys to go in after hours and print off work for some customers of his own. This has been going on for some time but I only recently started checking after some unexpectedly big bills from the copier companies.

It appears that he has been letting himself in when the shop is closed and printing off posters, flyers, etc using my materials and copiers.

As he was given the key by me to open and close up when I have meetings to attend does this constitute theft by OLP?

 

[nelioneil]

Absolutely this is theft and definitely considered for dismissal. If they have been employed for less than 2 years, then get rid.

 

[Michael Gerard]

You should also consider reporting this to the Police and bringing a civil claim against the employee for the losses, which would at least mean the cost of the consumables and perhaps any profit that the employee made (although this would depend whether the employee was in a fiduciary duty, unlike a director).

I do not practice in the area of employment law, but bear in mind that every employment relationship contains an implied term that an employee will serve their employer with good faith, fidelity, mutual trust and confidence. A lawyer that specialises in employment law will no doubt advise you further, but I would say that the quicker you are rid of this employee, the better.

 

[colin_mckellar]

I've been checking up on his work pattern as well. I was out of the office yesterday at a funeral and he spent 2 hours playing on the internet and then had the cheek to complain about not getting his lunch break!! I had to attend a customer on Friday and the minute I was out the store he was back playing on the internet and what was worse is that he was surfing for porn!!

I did wonder about Police involvement but hadn't considered a civil claim but can see the sense in it as he is depriving me of income.

The copier logs indicate he started going into the store after hours within 3 weeks of starting.

 

[Chris Ashdown]

Proof, Proof, Proof

Get undisputed proof before you take any action then if under two years dismiss of over call a disciplinary meeting and after going through ACAS recommendations dismiss for Gross misconduct

 

[colin_mckellar]

Artwork in his personal folder that isn't for any job through the company, job sent from his computer to the digital press at a time outwith normal opening hours like a Saturday 10:30pm. All jobs are logged on the digital press even down to the type of paper used. One example is the local locksmith got work done and artwork easily found in designer's folders and posters are in the guy's shop.

Been employed for 4 months.

 

[DavidWH]

Before you sack him ensure they have no access to email, computers, paperwork.

Last thing you want is them getting a client list and going after your customer base.

Your sacked - there's the door. Don't let it hit you on the way out

 

[colin_mckellar]

All files are on company computer and not accessible by him. I've never seen him with any external memory device but can't be sure that he hasn't got copies taken when i am out of the store.
The thing I can't understand fully is that he works well if someone is standing over him and loses the plot completely if he knows I'm out at a meeting.
Myself and the area manager have trouble understanding his actions as he has a fairly stress free worklife, regular pay (I get nothing until the business gets better) as much time off as he needs to sort out his tangled personal life and I gave him a chance after he was out of work for a long time yet he sees fit to steal, money from the till, materials and time. He has also made some expensive but avoidable mistakes which we have spoken about but I have not taken the matter any further.

There's nowt as queer as folk!!

 

[Chris Ashdown]

Definitely time to say Goodbye & Hello

Just tell him it has not worked out and Goodbye or ring the police only two actions you can take

 

[colin_mckellar]

Finally got his replacement lined up for starting on Monday. Printed out his internet history showing all the non work related sites, including porn sites, visited during working hours, printed out the job logs from the presses showing dates and times of work done after hours from his PC, printed out copies of non work related files that he has printed on my machines at my expense and other assorted documents. Hopefully that should do the trick!

 

[colin_mckellar]

At first he tried to deny things at the meeting but after I showed him printouts of everything he admitted it all, grabbed his jacket and bag and literally ran out the door!! I had to shout at him that officially he was being dismissed for gross misconduct, namely theft of money and materials.

 

[TODonnell]

Heh heh. Well done.

One shouldn't stress too much about trying to work out the reasons for the behaviour of others. Some people are crazy. Some are evil. Some are stupid. Some are just a bit 'off'. Some are utterly self-centred.

Added together, that's a lot of people!