Summary dismissal of long term FDH



ORIGINAL POST
Posted by Neutronstar 17 yrs ago
Hi


Can anybody advise me as to the correct procedure to summarily dismiss a FDH? She has worked with us for over ten years and, although her work has been of an acceptable standard, we have suspected her of stealing money for a few months now. Today we obtained clear, unequivocal evidence that this is the case.


My immediate reaction is to throw her out - but I know that this approach could generate much trouble and expense unless it is done properly. My inclination is to report this to the police to have it on record - but what then? Is it then my decision as to whether to prosecute, or do the police decide? When she goes, is she entitled to her 'long service' award and a flight back to the Philippines? Who else should I inform of the action taken?


The situation is complicated by the fact that she already owes us $5000 (we helped her out during a recent family crisis) ........


Any advice gratefully received.

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COMMENTS
adele78 17 yrs ago
Wow, what an awful predicament.


I think the threat of legal involving the police should be enough to scare her into giving back the 5000 she owes and after that you can summarily dismiss her but not press charges if that's what you feel fit. I'd be so upset if someone I'd trusted for so long had done that to me.


If she won't/can't pay back the money then you can quite rightfully call the police and have her arrested for theft....that's probably not a great option for her and I think it might help procedings go more smoothely.


I'm sorry I can't help more. Good luck-.....

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Vivianto 17 yrs ago
I hope you have reported the incident to the police. You need evidence of her theft and nothing short of a report to the police will be sufficient. You can dismiss her summarily on this set of fact. As an employee, she has breached your trust and it is a strong enough reason to dismiss her without notice.

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Neutronstar 17 yrs ago
Thanks for your replies.


We did report it to the police and she is currently out on bail. Exactly what action they will take is unsure. I do not know whether it is our decision to prosecute or theirs. This incident has created much upset within the family - particularly with the children, who have know her since birth.


We have got over our initial anger and now simply wish to get rid of her, as painlessly as possible. However, we do not want to see her destitute and will probably summarily dismiss her - but give her a few months wages in recognition of her long service. I have written a document for her to sign accepting this as full and final payment. I hope this is legally acceptable.....

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kittycat2 17 yrs ago
Last case I heard of, a helper stole $450 from her employer (she was working on the employer's market staff - illegally, presumably) - she was jailed for 10 months, and will be deported as soon as she's out. Once the police know about it, it's up to them and not you, I think, but maybe if you ask nicely they will not prosecute her. Nothing to be gained by having her locked up for months/years ($450=10 months, so you can work out how long she is likely to get for whatever she stole from you) - she can't work/support her family, the prisons get a bit more overcrowded, public funds get abused a bit more...



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