Accused of theft

[davejeno]

i work for a large firm somthibg gone missing ive been accused amd suspended and my manager has e-mailed everyne in the firm and i mean everyone not to contact me or talk to me even in the street most people who work there live in my area,please could somone tell me if this was lawfull or not?

[Sidewinder]

Hi - I have moved your post to a new thread so that more people will be able to see it and respond

[rebel11]

Hi davejeno

 

Welcome to CAG

 

If they are carrying out an investigation and your work mates have been told not to contact you then that is permissible under the circumstances. Any more details on what happened?

[davejeno]

thanx for the welcome and speedy reply,

 

a week ago i was called into a meeting by my floor manager and HR and

 

was presented with an acusation of theft,

a computer had gone missing not a laptop but a full computer,and

because i have access to the room in which all IT equiptment is stored

along with about ten other people including the manager who has made the accusation,

but all computers are under lock and key and the manager is the key holder which we need his permission to enter

 

there is a swipe card on the room so all times and dates are recorded,

and unbeknown to the work force a camera was placed in the room because of another incident also a theft of a lot of laptops,

 

ive been sent evidence in the post ie- photo stills and a list of people who entered the room over a certain period,

 

it shows i entered the room twice

another male entered eight times and

a female entered once,

 

this room has two entrances and

 

one is an exit to the outside which people use as a conveinient way of leaving the building,

must say within this room is a large cage were all laptops a PCs are stored which the manager has the key,

 

the evidence they have presented does not show anyone taking anything in or out of this room or cage

but because i was carrying my gym bag and laptop bag

im the one whos been accused,

 

i am of good character and ive been promoted twice in two years

work nights on my own and

manage a small team of techs

 

ive had no complaints about my work and

enjoy my job

but my floor manager

who only started a couple of weeks before the last theft of laptops is my accuser,

 

the lad who was blamed and sacked for the theft still swears to this day it wasnt him

he really was an honest guy

but this manager was adamant it was him and got managment to sack him,

 

i dont want to throw accusations about

but i know it wasnt me and

im sure the other lad who was sacked was also innocent

 

,im only twenty years of age

and feel this is going to ruin what i thought was going to be a career

that would lead to bigger and better things

but the e-mail that was broadcast to the company has already made me an outcast

as my colleagues and those i thought freinds now think im a thief

 

i am devastated

its proper shattered me,

 

ive a meeting on monday with the same people including the floor manager ive mentioned.

 

please any advice would be most welcome.

Edited February 22, 2014 by honeybee13
Paras.

[honeybee13]

Hello there.

 

The forum guys should be along over the course of the weekend, but it's always quieter here than during the week.

 

I've put some paragraphs into your post to make it easier to read. If you could try to put them in future posts that you make, it should get you more advice.

 

HB

[davejeno]

HB so greatful thankyou.

[renegadeimp]

SO they sacked someone for allegedly stealing thousands of pounds worth of IT equipment and didnt involve the police, and never had any evidence at all?

[davejeno]

thats right no police,if i could tell you the company you would understand,they handle all sorts of media and sport they are the handlers of all betting results so the last thing they want is the law snooping,so this means they are a law unto them selves.

[hilly860]

I don't understand,

how can they have a camera pointing at all the equipment

and it not show who was in the cage?

 

Do you have to swipe out of the room as well?

 

That would show the length of time you were in with your bag

and who had time to unlock a cage and carry stuff out.

 

By "whole computer" I take it you mean tower, screen, keyboard etc,

not something light

 

so you need to see the footage of how you carry the bag not a still,

or else it has to be a number of trips by someone to take stuff one by one

 

so how many time do you have your bag on you?

 

by answering these questions you can defend yourself.

 

How many people checked thru the footage to compile the stills

it should be at least 2 people ie not your main suspect by themselves.

 

And by the way to prove theft

they have to show the equipment was taken with the intent to deliberately deprive the rightful owner forever.

 

Just some thoughts I hope they help

[davejeno]

Hi Hilly,

Yes that's correct the IT equipment was suppose to be in a 'locked' cage

but this was not followed by the correct procedure

as apart of another IT Team.

 

The allegation was just solely a tower

but for this to be carried out within the time space of 20 - 30 seconds

and to fit in a gym bag is highly highly unlikely.

 

You do have to swipe in and out of the IT equipment room

and the time sheets have been provided

and this verifies that i have enter the room

and exited within 30 seconds

which carrying two hands with a broken hand is acceptable by any mean.

[hilly860]

Well it sounds like you can produce enough of a defense. make sure you ask the questions I raised and get the answers especially viewing the footage! Suggest you would welcome the involvement of the Police. Keep calm and think logically you'll be fine.

[Emmzzi]

as a side issue these things often end up on ebay - have a wee check for the model and see if one appeared locally recently?

[davejeno]

hi Emmzzi i will thankyou.

[king12345]

I would tell them that the police must be informed and all evidence passed to them.

Insist on this, so they know that it wasn't you stealing the pc.

 

If they carry on with their attack, report yourself to the police.

 

I've done it once when I was accused by a customer of having racially attacked him

and my manager at the time was going to apologise without looking at cctv and give me a final written warning.

 

They decided to carry on with this nonsense and, customer complaint in hand

I went to local police station and reported the incident.

 

The desk officer initially didn't want to know,

but I asked to see the sergeant and

 

he took a statement from me as well as a copy of the customer complaint.

 

I took the crime reference number to my manager and he went bananas, panicking like a nutter.

 

Within 15 minutes I was called by hr and told that the customer had dropped the complaint.

 

I took it a step further.

 

I contacted this customer employer,

a well known bank,

and passed them the original complaint sent from work along with the crn.

 

They sacked him for misuse of company facilities,

make false allegations

using such facilities and bringing company name in disrepute.

 

He came to my shop in tears while he was suspended

asking for forgiveness and to withdraw the complaint.

 

I said: "F.You!"

 

After he got sacked he came again and threatened to kill me.

 

He got nicked and charged.

 

You should serve the same treatment to your manager falsely accusing you of a criminal offence.

[davejeno]

11

Edited February 24, 2014 by davejeno

[honeybee13]

Hello there.

 

I've edited the staff member's name out of your post, to keep this anonymous.

 

HB

[All animals are equal....]

Is the meeting a disciplinary meeting or an investigatory?

I would strongly suggest that you take a colleague/union rep with you if it is a disciplinary.

You need to concentrate on your defence.

Prior to a disciplinary you should have a copy of all the evidence that they intend to use. You need to determine when and how they believe you took this and prove that this was not the case.

Did the shape/weight of the bag change?

You also need to ask why the door was left unsecured and who checked the data/cctv for this period.

How long have you worked there for?

[davejeno]

its an investigation,and i have the evidence from the first meeting but things have changed

 

their attitude has now changed because ive asked a third party representative to come along for support

and the will not answer any questions until my hearing

(she stressed it was still an investigation)

so my representetive sent her a message.

[davejeno]

Dear Miss

it seems you've been misinformed

you do not have to be a union rep to represent an employee in a tribunal

 

a representative can be anybody of good character

and if i can represent in a court of law t

hen you have no right to deny Mr W a fair and just hearing,

 

Mr W wants nothing but a speedy conclusion to this situation

and wants to return to work as soon as possible,

and your delaying tactics will only hinder the process of a fair and just hearing,

for what is one of your employees.

 

I have contacted Mr Managing Director/Chairman and informed him of what is occurring within his business

along with list of questions submitted to your office,

and i will contact anyone who appears to be your superior

and inform them of your lack of knowledge in the areas concerning tribunals for disgruntled employees.

 

your sincerely

Mr D

 

this is what was sent.

Edited February 24, 2014 by davejeno
my stupidity

[davejeno]

1) Who is making the allegation.

2)Has head office been informed (london office).

3)Do you have the footage of Mr w exiting the room with the alleged computer and not the stills,and may we have a copy for our investigation.

4)How many people have checked the footage and who compiled the time line in stills.

5)Is the hidden camera in the smoke alarm on the same system as all CCTV cameras or is it an individual camera independant of all others.

6)Can you prove the equiptment was taken with the intent of deliberatley deprive the owner forever.

7)How many people entered the room in the previous fourteen days before the allegation was made and this includes weekend casuals who dont have swipe cards,hence why the door is left a-jar for conveinience sake.

8)A few months ago an employee was sacked (london Office)for a simular allegation,were the police involved? and if so can we have the crime reference number for our investigation,and if not,why not.

9)Have the police been informed about this allegation and do you have the crime reference number given when reported,and if so may we have it for our own investigation.

10)Besides Mr w's imidiate manager who is responsable for the secure storage of all IT equiptment and who is the key holder for said storage.

11)Who gave authority to use company facilities to broadcast an E-mail to company employees not to aproach or converse with

Mr W

 

without vexation

d

Edited February 24, 2014 by davejeno
my stupidity

[Emmzzi]

take the name out of that last post!

[Emmzzi]

Dear Miss

it seems you've been misinformed you do not have to be a union rep to represent an employee in a tribunal

a representative can be anybody of good character and if i can represent in a court of law then you have no right to deny Mr a fair and just hearing,Mr W wants nothing but a speedy conclusion to this situation and wants to return to work as soon as possible,and your delaying tactics will only hinder the process of a fair and just hearing, for what is one of your employees.

 

I have contacted Mr Managing Director/Chairman and informed him of what is occurring within his his business along with list of questions submitted to your office,and i will contact anyone who appears to be your superior and inform them of your lack of knowledge in the areas concerning tribunals for disgruntled employees.

 

your sincerely

Mr D

 

this is what was sent.

 

And if it's for an investigatory meeting, it's wrong. So that's not a good start! Is Mr D an employee of the company?

 

Question 6 reads as "he took it, can you prove he didn't mean to bring it back." Not clever. I suggest you stop Mr D sending emails on your behalf immediately.

[All animals are equal....]

1- not relevant (nr)

4- a nr, b is ok.

5- nr

6- remove

7- good question

8- nr

9- good question

10- nr

11- this is a grievance, seperate it out.

 

In an investigation meeting you are only allowed a rep if it is in your contract. You need to read this.

[davejeno]

its already been sent my fault.

[Emmzzi]

Is Mr D an employee of the company?