Employee Theft: Best Practices for Preventing - and Addressing – Stealing in the Workplace Thursday, April 22, 2010 Presented by the Employer Resource.

Employee Theft:Best Practices for

Preventing - and Addressing –Stealing in the Workplace

Thursday, April 22, 2010Presented by the Employer Resource Institute

© 2010 Employer Resource Institute. All rights reserved. These materials may not be reproduced in part or in whole by any process

without written permission.

© 2010 Employer Resource Institute. All Rights Reserved

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• This webinar is designed to provide accurate and authoritative information about the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional services.

• This webinar provides general information only and does not constitute legal advice. No attorney-client relationship has been created. If legal advice or other expert assistance is required, the services of a competent professional should be sought. We recommend that you consult with qualified local counsel familiar with your specific situation before taking any action.


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About Our SpeakerAaron A. Roblan, Esq., is a partner in the San Francisco office of the nationwide law firm Ogletree, Deakins, Nash, Smoak & Stewart, PC.

Ogletree Deakins is one of America's largest law firms that focuses its practice exclusively in the arena of labor and employment law.

Aaron's practice encompasses all aspects of labor and employment law, including defending employers in federal and state courts. He counsels clients on employee discipline, terminations, workplace investigations, and labor issues, among many other matters.

He earned his law degree from Lewis & Clark College.

[email protected]

www.ogletreedeakins.com


Additional Handouts

We’ve included four additional handout filesfor your webinar today, including sample workplace policies

and special reports that will help you reviewyour current practices in preventing and dealing with

employee and workplace theft:

0422 Sample Policies to Prevent Workplace Theft0422 Sample Policy on Background Checks

0422 Prehire Screening Steps in CA0422 Trade Secrets in CA – A 7-Point Protection Plan

You’ll find these files on the same download pagethat contained this PowerPoint file.

If you have any questions, please contact us [email protected]. Thanks!

Employee TheftBest Practices for Preventing (and

Addressing) Stealing in the Workplace

http://www.blr.com/

© Business & Legal Reports, Inc. 0712

What We’ll Cover TodayIn this webinar, you’ll learn how to:

Identify and put in place the best policies and preventive controls to ward off employee theft before it happens

Recognize the warning signs of employee theft in the workplace

Plan and carry out effective, lawful workplace investigations

Confront, discipline, and terminate employees who engage in theft


Workplace Theft Is A Serious Problem• Theft is a common

security problem

• Small losses add up quickly

• Major thefts can cost major money

• Theft of employees’ property is also an issue

• Outsiders might be involved in workplace theft

• You play a key role in preventing workplace theft


Why Employees Steal

“It’s a fringe benefit”“Nobody cares; they expect it”

“I deserve it”

“It’s so easy”“Everybody does it;

it isn’t really stealing” “The organization can afford it”


Warning Signs Employees Might Be Stealing• Missing inventory

• Discrepancies in financial records

• Unusual documentation or computer activity

• Employee vehicles near loading areas

• Unlocked doors and windows

• Unusual behavior


Antitheft Policy• Emphasize antitheft policy in new

employee orientation, and include a copy in the employee handbook

• Review the policy regularly with all workers

• State your intention to enforce the policy

• Stress the consequences for employees who steal


Creating an Environment That Discourages Theft • Educate employees about the cost

of theft and pilferage

• Be a role model

• Establish a personnel policy of zero tolerance


Creating an Environment That Discourages Theft (cont.) • Report all thefts or

suspicious behavior

• Encourage employees to report thefts


Financial Controls• Divide responsibilities

• Require two signatures for checks

• Conduct regular audits

• Keep alert for unusual behavior

•Watch for unusual computer activity


Material Controls• Use security systems

• Limit access to vulnerable areas

• Keep a close eye on inventory counts

• Have goods logged in when delivered

• Check orders and paperwork against goods when shipping

• Change locks and codes


Visitor Controls• Control entry

• Require sign in and sign out

• Escort visitors within the premises


Proprietary Information• Limit access to sensitive information

• Supervise employees closely

• Change passwords and other security codes frequently

• Consider having employees sign confidentiality or nondisclosure statements

• Be sure employees return all business records at termination


Hiring Considerations• Discuss the issue

in new employee orientation

• Check references

• Ask for background checks

• Consider using pre-employment assessments


In-House Training and Compliance Tools• Ongoing reminders

about your antitheft policy

• Specific training for supervisors

• Regular (and surprise) audits

• Job rotations


Monitoring and Surveillance• Written policy

establishing how, when, and where you monitor employees

• Focus on preventing theft and other unlawful behaviors


Employee Searches

• Don’t take action without authorization

• Make sure searches are nondiscriminatory

• Use the least intrusive search methods possible


• Always have reasonable grounds for conducting searches

• Raise the issue with new employees

• Don’t push too hard

Employee Searches (cont.)

• Always have reasonable grounds for conducting searches

• Raise the issue with new employees

• Don’t push too hard


Investigations• Internal investigations

• Police investigations

• Legal advice

• Confidentiality


Questioning Employees During Investigations• Request employees’

consent

• Don’t detain reluctant employees

• Make sure employees understand they can leave

• Conduct the questioning in a confidential manner


Questioning Employees During Investigations (cont.)

• Limit the questioning

• Have a witness present

• Be careful what you say

• Don’t play detective


Polygraph Tests• Use of lie detector

tests is strictly limited by federal law

• What you can do

• What you can’t do


Polygraph Tests (cont.)

Employees must be given a written statement that:

• Describes the incident

• Is legally signed

• Describes the employer’s loss

• Indicates the employee had access

• Describes the employer’s suspicion


Disciplinary Action• Termination

• Criminal charges

• Restitution


Disciplinary Action (cont.)

• Follow your organization’s policies

• Be sure discipline is fair and consistent

Questions?

Aaron A. Roblan, Esq.

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Steuart Tower

One Market Plaza, Suite 1300

San Francisco, CA 94105

415.442.4810 (phone)

415.442.4870 (fax)

[email protected]

Copyright 2010 BLR Inc.


Thank You

• Recordings of this webinar and past presentations can be

ordered by calling (800) 695-7178.

• Or visit www.employeradvice.com for information.

• We hope you’ll join us again soon.

Please be sure to complete and return your program evaluation. An evaluation will be e-mailed to the registered participant shortly after the conference.


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Employee Theft: Best Practices for Preventing - and Addressing – Stealing in the Workplace Thursday, April 22, 2010 Presented by the Employer Resource.

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