Human Resource Blog

Questioning a Theft

	Workplace Management
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Is it legal for an employer to informally ask a series of questions about a theft that occured within the organization, then have the employee sign the document? By Colorado or federal law, is the employee required to answer the questions?

Well, no, the employer can’t legally require that the employee answer such questions. But this is the way that most employers would handle a theft, and it is considered a “best practice” in the HR field. The employer wants to get to the bottom of this theft. However, the Fifth Amendment of the Constitution says that none of us has to incriminate ourselves. So even if an employee was questioned by the police, they could invoke the fifth amendment, in most cases. But…most employers would consider a refusal to answer questions an admission of guilt. And, most employers in those circumstances would then report the theft to the police. Many would also terminate the employee. If you didn’t steal the items, it would be wise for you to answer any questions completely. If you did steal the items, you need an attorney.