Fraud or theft is often seen by employers as one of the most serious violations in the workplace. In such cases, there is usually an immediate dismissal. This can have huge consequences: no notice period, no transition fee and usually no right to unemployment benefits. However, an employer cannot do this just like that: there are strict rules 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 wrongfully accused.
What is fraud or theft in the workplace?
Fraud and theft include various behaviors, such as:
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Stealing money, goods or products from the employer.
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Misuse of company resources, such as fuel cards, credit cards or laptops.
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Falsifying time records or claims.
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Unlawful use of confidential information.
👉 Not every incident is grounds for dismissal. The circumstances play a big role.
Immediate dismissal in case of fraud or theft
An employer is allowed to dismiss on the spot, but must meet three conditions:
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Urgent reason: Fraud or theft must be serious enough.
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Immediately: Dismissal must occur immediately after discovery.
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Notification of 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 case of fraud or theft
The employer must have sufficient evidence. This can include:
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CCTV footage.
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Witness statements.
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Internal controls or reports.
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Correspondence or digital traces (emails, log files).
👉 Without convincing evidence, dismissal is often not sustainable in court.
Consequences of dismissal due to fraud or theft
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Direct dismissal, without notice.
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No right to transition compensation.
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Often no right to unemployment benefits, because the dismissal is culpable.
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Possible reporting to the police and criminal prosecution.
How can you defend yourself?
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Dispute the facts: If the accusations are incorrect, ask for evidence.
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Check the procedure: Was the dismissal given immediately and was the reason correctly communicated?
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Go to court: Within 2 months, you can request annulment of dismissal or claim compensation.
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Negotiate: Sometimes a mutual consent dismissal (VSO) can still yield better conditions.
Examples from practice
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Example 1: An employee took small products home. The judge ruled that this justified immediate dismissal.
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Example 2: An employee incorrectly claimed kilometers. Because the employer had no clear evidence, the dismissal was annulled.
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Example 3: An employee was dismissed for fraud with time registration. The judge considered the penalty too harsh and awarded a transition allowance.
Checklist dismissal due to fraud or theft
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📑 Ask for the evidence that the employer has.
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⏳ Check if the dismissal was given immediately after discovery.
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📝 Check if the reason was communicated in writing.
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⚖️ Consider defense in court (within 2 months).
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📞 Consult an employment law attorney immediately.
Common mistakes
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Thinking that the employer does not need to have evidence.
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Not taking action and missing the 2-month limit.
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Not seeking legal help in the case of (wrongful) accusations.
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Accepting dismissal while 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 must meet the conditions.
2. Do I have a right to unemployment benefits after immediate dismissal due to fraud?
Usually not, unless the court annuls the dismissal.
3. Can I still receive compensation?
Yes, if the court rules that the dismissal was invalid.
4. Can the employer use CCTV footage as evidence?
Yes, as long as the CCTV footage has been obtained lawfully.
5. How quickly should I take action?
You must go to court within 2 months of dismissal.
Why Arslan Advocates?
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Experienced in cases involving fraud and immediate dismissal
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Checking whether evidence and procedure are lawful
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Litigating for restoration of employment or compensation
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Negotiating alternative solutions (e.g. VSO)
Conclusion
Dismissal due to fraud or theft has serious consequences, but cannot be given out just like that. The employer must meet strict conditions and provide convincing evidence. If you are faced with this, prompt legal action is crucial.
