Suspicion leave

Suspicion

Embezzlement, the mysterious disappearance of objects or even a criminal investigation against an employee... Employers sometimes have serious reasons to doubt the honesty of their employees. Criminal offences committed by an employee against his employer are a particularly serious event, which can lead to immediate termination for just cause.

Immediate termination

Immediate termination is justified when the employer has grounds for dismissal that are such as to destroy the trust necessary for the employment contract. It must be impossible for the employer to retain the employee during the leave period.

Faced with such suspicions, an employer may quickly lose confidence in his employee and wish to terminate him with immediate effect in order to avoid any further incidents. However, if the employer has no proof of the allegations, there is a risk that the immediate termination will be considered unjustified, particularly if the employee is cleared during the criminal investigation. The financial consequences can be significant.

Measures

When an employer suspects that an employee has committed a criminal offence against him or one of his customers, he has a duty to react swiftly. However, dismissal on suspicion of a criminal offence can have a serious impact on an employee's economic future and reputation. Employers must clarify the facts before considering immediate termination of an employee on suspicion of having committed a misdemeanor or felony.

Illness

While unable to work, employees are protected from termination for a limited period. However, the employer may terminate employment with immediate effect at any time.  

Employers who suspect wrongdoing should think twice before terminating an employee's employment immediately. If the immediate termination is considered unjustified, the employer is exposed to heavy financial consequences.