Employers often regard fraud or theft as one of the most serious workplace violations. In such cases, it usually results in a summary dismissal. This can have major consequences: no notice period, no severance pay, and usually no entitlement to unemployment benefits. However, an employer cannot simply do this: strict rules apply, and the employer must have sufficient evidence.

In this article, we explain what the rules are, how evidence is assessed, and what you can do if you are wrongly accused.

What is fraud or theft in the workplace?

Various behaviors fall under fraud and theft, such as:

• Stealing money, goods, or products from the employer.

• Misuse of company resources, such as fuel cards, credit cards, or laptops.

• Falsifying time sheets or expense claims.

• Unauthorized use of confidential information.

👉 Not every incident is an immediate reason for dismissal. The circumstances play a major role.

Summary dismissal for fraud or theft

An employer may give a summary dismissal but must meet three requirements:

1. Urgent reason: fraud or theft must be serious enough.

2. Without delay: the dismissal must take place immediately after discovery.

3. Notification of the reason: the reason must be clearly communicated to the employee.

If the employer does not meet these conditions, the dismissal may be invalid.

Evidence in cases of fraud or theft

The employer must have sufficient evidence. This may consist of:

• Camera footage.

• Witness statements.

• Internal audits or reports.

• Correspondence or digital traces (e-mails, log files).

👉 Without convincing evidence, dismissal is often not upheld in court.

Consequences of dismissal for fraud or theft

• Immediate dismissal, without a notice period.

• No right to a transition payment.

• Often no entitlement to unemployment benefits, because the dismissal is culpable.

• Possible report to the police and criminal prosecution.

How can you defend yourself?

• Dispute the facts: are the accusations not correct? Request evidence.

• Check the procedure: was the dismissal given immediately and was the reason correctly communicated?

• Go to court: within 2 months you can request the annulment of the dismissal or claim compensation.

• Negotiate: sometimes a termination by mutual consent (VSO) can still yield better terms.

Examples from practice

• Example 1: An employee took small products home. The judge ruled that this justified summary dismissal.

• Example 2: An employee wrongly claimed mileage. Because the employer had no clear evidence, the dismissal was annulled.

• Example 3: An employee was dismissed for timesheet fraud. The judge found the sanction too severe and awarded a transition payment.

Checklist for dismissal due to fraud or theft

• 📑 Ask for the evidence that the employer has.

• ⏳ Check whether the dismissal was given immediately after discovery.

• 📝 Check whether the reason was communicated in writing.

• ⚖️ Consider filing a defense in court (within 2 months).

• 📞 Consult an employment lawyer immediately.

Common mistakes

• Thinking that the employer doesn’t need to have evidence.

• Taking no action and missing the 2-month deadline.

• Not seeking legal help for (unfounded) allegations.

• Accepting dismissal when a better arrangement is possible.

Frequently Asked Questions (FAQ)

1. Can I be dismissed just like that for fraud or theft?
No, the employer must be able to prove this and meet the requirements.

2. Am I entitled to unemployment benefits after summary dismissal for fraud?
Usually not, unless the court nullifies the dismissal.

3. Can I still receive compensation?
Yes, if the court rules that the dismissal was invalid.

4. May the employer use camera footage as evidence?
Yes, provided the camera footage was obtained lawfully.

5. How quickly do I need to take action?
Within 2 months after dismissal, you must go to court.

Why Arslan Advocaten?

• Experienced in cases involving fraud and summary dismissal

• Verify whether the evidence and procedure are legally valid

• Litigate for reinstatement of employment or compensation

• Negotiate alternative solutions (e.g., VSO)

Conclusion

Dismissal for fraud or theft has far-reaching consequences, but it cannot simply be imposed. The employer must meet strict requirements and provide convincing evidence. If you are faced with this, swift legal action is crucial.