24 Apr, 2023 by Marianne Favre Moreillon

Suspected theft and termination with immediate effect under Swiss law

24 Apr, 2023 by Marianne Favre Moreillon

An employee is suspected of having stolen from the cash register or committed embezzlement to the detriment of the employer. Can such suspicions justify an immediate dismissal?

The employer may terminate the employment contract immediately and at any time for just cause. It must be impossible to require 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 dismissal
  • consequences of an unjustified immediate dismissal
  • 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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