1 Jun, 2018 by Marianne Favre Moreillon

Immediate dismissal and suspicion of a criminal offense

1 Jun, 2018 by Marianne Favre Moreillon

An employee is suspected of stealing from the cash register or committing embezzlement to the detriment of the employer. Can such suspicions justify immediate termination?

An employee is suspected of stealing from the cash register or embezzling funds from the employer. Can such suspicions justify immediate dismissal?

The employer may terminate the employment contract immediately and at any time for just cause. It must be impossible to expect the employer to keep the employee in his service during the notice period. The situation is delicate when the employee is suspected of a criminal offence against the employer.

This article develops the following topics:

  • the concept of just cause in the case of immediate termination
  • consequences of an unjustified immediate termination
  • theft, bribery, breach of trust
  • criminal offences
  • suspicion of an offence
  • measures to be taken by the employer
  • period of reflection to act

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