Stupid Mess gone to Gross Misconduct

delabane

Hello All,

My wife has been accused of Potential Gross Misconduct. Withthe following:

Being dishonest in her dealings with her employer
Going in a managers draw (unauthorised)
Removing company property (unauthorised)

She has worked for the company for 6 years, has never hadany issues or disciplinary and is a generally reliable member of staff. Sheonly works weekends and is often forgot about.

Recently everyone in her company was given a Voucher Card except my wife andanother co-worker.

In their office there is a draw which was used for bits and bobs, it was neverallocated a user and no one has ever said this draw belongs to Joe Bloggs. Aco-worker of hers, went in said draw and said that there was gift cards in there.

My wife, without thinking (was near the end of her 2nd 12 hour shiftwith little sleep in between) asked if she could have one. Her co-workers said (Iam surprised you have not been given one). Unfortunately when she got home shediscovered she had taken 2. While she had activated hers, she left the otherone with the intention of taking it back if she remembered.

The cards were not assigned to anyone and she had no idea how many they had andthought if there were not activated they were something that would be thrownaway. On Monday everyone was looking for the cards and they found out she hadtaken them.

A co-worker phoned her up and unknown to her it wasrecorded. She said she had the card and was going to keep the other if no oneclaimed it but she had not activated it. She had just woken up, was verystressed due to some home issues and has no idea why she said this.

If she intended to steal this, she would have denied having it and would haveactivated it.

She really likes her job and is worried about getting fired over a sillymistake which was probably escalated by the manager after she was blamed fornot being able to find said card.

I am just wondering if she is best to resign or explain the truth that it wasall a big mistake which has escalated un-necessarily. My wife works part time(weekends only) and feels she was discriminated against and not given change toexplain situation to manager before it went to investigation. My wife wouldnever risk losing her job over a gift voucher.

As I said above, she has been honest and did not deny having the card.
She asked co-workers if she could have card that she was entitled to, it was amistake she took them but she did not steal.
has never been confirmed the draws belonged to anyone.
She is wanting to explain situation was all a mistake and she is not a thief but we are also of the mind maybe she should resign, but then it might show she was guilty.


It’s a really stupid mess.

Thanks

emsywoo123

This is a completely different version of events to the one you gave us on your other thread?!

wiogs

How do you know she was "entitled" to a card? Just because others got them means nothing

As far as the company are concerned she stole two cards.

This is what she will have to explain. Not what she intended to do but what she has done.


And the word is drawer not draw.

Nicki

This is a rather different story to when you first posted about this.

https://forums.moneysavingexpert.com/discussion/comment/63948246#Comment_63948246

If your wife basically helped herself to the giftcards without authorisation, she doesn't have a leg to stand on, whether she meant to take one or two, and whether or not everyone else in the company had been given one. There is a difference between being given something of value and helping yourself to it!

Added to which when challenged in a recorded phone call, your wife not only admitted that she had taken two cards, she also admitted she had activated one and intended to keep both if not missed.

The elements of theft are all made out here. To be honest losing her job is the least of her worries. She may also be in line for some criminal prosecution if the employer reports this to the police.

delabane

wiogs wrote: »

How do you know she was "entitled" to a card? Just because others got them means nothing

As far as the company are concerned she stole two cards.

This is what she will have to explain. Not what she intended to do but what she has done.


And the word is drawer not draw.

Sorry about that

She had an e-mail to say she was getting a card.

She asked her co-workers before she took, if one were to steal they would do when it when no one was about and deny knowledge of it, and activate it. Its lack of thought and a mistake.

delabane

Nicki wrote: »

This is a rather different story to when you first posted about this.

https://forums.moneysavingexpert.com/discussion/comment/63948246#Comment_63948246

If your wife basically helped herself to the giftcards without authorisation, she doesn't have a leg to stand on, whether she meant to take one or two, and whether or not everyone else in the company had been given one. There is a difference between being given something of value and helping yourself to it!

Added to which when challenged in a recorded phone call, your wife not only admitted that she had taken two cards, she also admitted she had activated one and intended to keep both if not missed.

The elements of theft are all made out here. To be honest losing her job is the least of her worries. She may also be in line for some criminal prosecution if the employer reports this to the police.

So she is better off to resign?

I did not have the full details at the time (only got them yesterday). its all a mistake, if you were to steal something you would hardly admit it. She would not want to lose her job over a stupid gift card. Certainly don't want to be prosecuted over it.

wiogs

Still looks like she stole them at the moment.

ValHaller

Resigning will set the mess in stone as it now is. Staying and fighting the corner holds the possibility of setting things straight and even if that fails, it won't be worse than things are now.

Nicki

delabane wrote: »

So she is better off to resign?

I did not have the full details at the time (only got them yesterday). its all a mistake, if you were to steal something you would hardly admit it. She would not want to lose her job over a stupid gift card. Certainly don't want to be prosecuted over it.

Makes no difference whether she resigns or not to be honest. Probably better not to, as if the employer is feeling lenient, she might get off with a final warning. If she resigns, her reference will likely say she resigned pending disciplinary action for dishonesty, and the investigation could continue whether she was still an employee or not. What's done is done. If she's going to be prosecuted, there isn't anything she can do at this point about it. The damage was done at the point she left her workplace with the two cards in her bag, and the evidence was complete when she admitted what she had done in a phone conversation with a colleague.

Why on earth if she wanted a card did she not ask a manager for it rather than a co-worker? She couldn't possibly have thought a co-worker had authority to give out what is in effect a bonus payment to staff!

delabane

Nicki wrote: »

Makes no difference whether she resigns or not to be honest. Probably better not to, as if the employer is feeling lenient, she might get off with a final warning. If she resigns, her reference will likely say she resigned pending disciplinary action for dishonesty, and the investigation could continue whether she was still an employee or not. What's done is done. If she's going to be prosecuted, there isn't anything she can do at this point about it. The damage was done at the point she left her workplace with the two cards in her bag, and the evidence was complete when she admitted what she had done in a phone conversation with a colleague.

Why on earth if she wanted a card did she not ask a manager for it rather than a co-worker? She couldn't possibly have thought a co-worker had authority to give out what is in effect a bonus payment to staff!

As I said, it was all due to lack of thought. Before this all happened she had a perfect record, no issues at all. Why throw all that away after 6 years for a gift card.

A year ago, a co-worker was stealing food, did it several times. She was suspended and then went on maternity leave. I really hope they just give her a warning.

wiogs

All she can do is say what she did, why she thought it was acceptable to do so and if her employers are feeling lenient she may get a warning. If not she may be dismissed.