What to Do If You Find Out an Employee Is Involved in Illegal Activity

Last Updated: 

August 29, 2024

So, just picture this scenario for just a moment; It’s a typical Tuesday morning. You’re sipping your coffee and going through emails when suddenly, you catch wind of something unsettling. One of your employees—someone you’ve trusted, maybe even worked alongside for years—might be involved in illegal activity within your business. It’s the kind of news that can send a chill down your spine and leave you wondering, “What do I do now?”

Needless to say, this is something that’s really uncomfortable. You tried to build an efficient team, but then this is happening with one of the teammates! Sure, running a red light is bad, but everyone is guilty of that sometimes. But doing something full-blown illegal, and it is your business? Now that’s so much worse!

 But believe it or not, this is more common than you might even think. So, with that said, here’s exactly what you need to know if you ever get into this sort of mess.

Key Takeaways on Addressing an Employee Involved in Illegal Activity

  1. Stay Calm, But Act Quickly: When discovering potential illegal activity by an employee, avoid panic. Instead, remain calm and take prompt, strategic actions to prevent escalation.
  2. Gather Information Discreetly: Start by collecting as much information as possible. This includes reviewing records, security footage, and speaking to other employees discreetly to build a clear picture of the situation.
  3. Consult Legal and HR Professionals: Before making any decisions, consult with your legal team or an employment lawyer to ensure that all actions are legally compliant. Professional guidance is critical.
  4. Don't Act Alone: Avoid making decisions based on online research or gut instinct. Instead, rely on legal and HR professionals to navigate the situation, ensuring that no company policies or laws are violated.
  5. Conduct a Thorough Investigation: Ensure that you review all evidence and interview everyone involved before making any conclusions. Decisions should be based on concrete facts, not hearsay.
  6. Decide on Appropriate Action: Once the investigation is complete, determine the proper course of action, whether it’s summary dismissal, contacting the authorities, or another solution depending on the severity of the misconduct.
  7. Follow Legal Procedures: When taking any action, ensure that you follow legal procedures to avoid further complications. A professional approach will protect both your business and your reputation.
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Stay Calm, But Act Quickly

When you first catch wind of illegal activity, your gut reaction might be to panic or confront the employee directly. Resist that urge. It’s so important to just stay calm so you can think clearly and take the necessary steps without escalating the situation. But at the same time, you don’t want to sit on this for too long. Basically, quick action is key. 

So, what do you even need to do? Well, you’re going to have to start by gathering as much information as possible. This might involve looking at records, checking security footage, or talking to other employees (discreetly, of course). The goal here is to get a clear picture of what’s happening before you make any moves.

Consult with Legal and HR Professionals

Once you have a better understanding of the situation, it’s time to bring in some professionals to help out. So, it’s going to be a good idea to go ahead and consult with your legal team or an employment lawyer. 

They can help you navigate the legal waters ahead and ensure that any actions you take are above board. Depending on the size of your business, you may or may not have a legal team or an HR team, but you will most likely need to hire a lawyer if you don’t have one already.

So, with that all said, these professionals will guide you on how to proceed without violating any laws or company policies. You basically can’t make any decisions on your own, and no, just reading some things online isn’t going to help either. At this stage, you might be looking into what is summary dismissal and whether it’s a good idea. But this isn’t a choice you can make alone; you need to have a legal team to help you make this decision!

Conduct a Thorough Investigation

Before you jump to any conclusions, it’s essential to conduct a thorough investigation. This means looking at all the evidence, speaking to everyone involved, and documenting everything meticulously. The last thing you want is to make a decision based on hearsay or incomplete information.

Decide on the Appropriate Action

After the investigation, you’ll have to decide on the next steps. If the illegal activity is confirmed, this might involve firing the employee. If the misconduct is severe enough (like theft, fraud, or any other illegal activity), summary dismissal might be necessary, meaning the employee is terminated immediately without any notice. Sometimes, it might mean contacting the authorities too.

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