Can I fire an employee (waiter) if I think that he is stealing tips from my customers?

Asked on October 22, 2015 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In an "at will" employment arrangement, an employer can fire an employee for reasons of theft, for any reason or for no reason at all, with or without notice. This is true unless doing so would violate company policy or the terms of a union agreement or employment contract. Also, termination of an employee cannot be based on any form of legally actionable discrimination or retaliation.
The fact is that, if you only think that this manager is stealing tips and have no hard proof, your best bet is to give no reason for the termination...Just let this man go.


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