Corporate Investigations: Dismissal for Theft

One of the many problems affecting companies is the possibility of theft committed by internal staff. It often happens, in fact, that some employees are dismissed (disciplinary dismissal) for stealing money or other assets belonging to the company itself.

The theft, even attempted, of assets belonging to the company can lead to dismissal for just cause of the employee, even without notice, since it fundamentally undermines the trust relationship between the company and the employee. The seriousness of the act is so significant that it does not allow the continuation of the employment relationship, not even temporarily.

According to certain case law, the worker can avoid criminal charges but not dismissal. The Court of Padua, with ordinance no. 6851 of October 12, 2015, established that dismissal of an employee caught stealing was legitimate, even in the case of dismissal of the related criminal proceedings due to the insignificance of the act. Based on the independent assessment in civil court of the incriminated conduct, the labor judge concluded the existence of the material fact and the psychological element of the crime of theft, which irreparably compromised the trust relationship between the parties, not allowing even a temporary continuation of the employment relationship.

A consolidated jurisprudential position of the Supreme Court highlights how the modest economic value of the stolen good is irrelevant for the loss of the trust element (Cass. no. 1814/2013). According to constant Supreme Court case law on dismissal, to assess the proportionality between the alleged fact and the dismissal on one hand, and the existence of just cause for dismissal on the other, the absence or the minimal nature of the financial damage to the employer is irrelevant. What matters is whether the worker’s conduct casts doubt on the future correct fulfillment of their duties, as it indicates a certain attitude toward the obligations undertaken (Cass. no. 5434/2003). Indeed, the judge must concretely verify whether the specific misconduct committed by the employee is capable of seriously damaging the trust that the employer places in the employee, thus requiring the maximum disciplinary sanction, regardless of the absence or modest extent of financial damage to the employer (Cass. no. 2692/2011, Cass. no. 5116/2008).

These principles were recently confirmed by the Supreme Court, which reiterated that dismissal for just cause is fully legitimate when the worker’s conduct is capable of irreparably damaging the trust bond, regardless of the low commercial value of the stolen good (Cass. Civ. no. 24014/2017).

What counts, in fact, is the intrinsic wrongful nature of the conduct, with no relevance to the extent of damage resulting from it (Cass. Civ. no. 18184/2017 and no. 11005/2020).

From the above-cited jurisprudential sources, it emerges that disciplinary dismissal for theft in the company can occur even when the value of the stolen goods is modest, provided it damages the loyalty relationship.

In case of judicial proceedings following dismissal for theft, it is recalled that the burden of proof of theft by the employee rests with the company. The law establishes that the misconduct committed by the employee, whether theft or fraud, must be “concretely verified and not as an abstract fact,” meaning the employer must concretely ascertain the employee’s illicit conduct. It will therefore be essential for the company to collect concrete and legally valid evidence to assert its rights in court.

In such cases, the law provides the possibility to resort to a private investigation agency to gather the necessary evidence that allows the company to protect its rights and seek compensation for damages suffered by dismissing the employee for just cause who committed theft or fraud at work. It should be noted, however, that Italian law legitimizes the use of private investigators to monitor employees only in the presence of an actual suspicion of misconduct by the worker.

The team of private investigators of the Argo Investigative Agency is able to support and advise companies on the best operational methods and the most effective intervention strategies.