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Labor and Employment Law
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

9-236 Labor and Employment Law 236.syn




N. Peter Lareau;Lex K. Larson;Jonathan R. Mook;David L. Bacon;David W. Tucker;Darrell R. VanDeusen;Jeffrey L. Hirsch;Tim Bornstein;Ann Gosline;and Marc Greenbaum.

Chapter Summary


Theft in the workplace is a serious concern because of the potential consequences allegations of such conduct may have on the accused employee's employment status (i.e., termination of employment), and because of the stigma that accompanies even the mere accusation of such conduct.

Arbitrators recognize that the impact on an employee accused of theft may extend far beyond the disciplinary action taken, and that it can have serious, long-lasting effect both inside and beyond the workplace. Similarly, injury to employers from misappropriation of their property extends beyond the value of the items taken; such conduct abrogates a fundamental principle of the employment relationship because it contravenes the responsibility of all employees to act in the interest of their employers, and not to cause the employers harm.

This chapter from Labor and Employment Law discusses the topics of theft and its treatment in the arbitration arena. The chapter commences with an overview of the contractual basis for discipline for theft, and the elements of theft in the employment context. It also discusses theft-related offenses other than larceny, including short-ringing, falsification of records, robbery,

misappropriation of property, and accomplice liability. The discussion continues with an examination of employee refusal to cooperate in investigations, penalties for theft and theft-related offenses, employee liability to replace or reimburse, and mitigation. The chapter concludes with a discussion of off-duty theft and the use of criminal proceedings to discipline employees.

Labor and Employment Law is a complete guide to labor and employment law, both federal and state. Expert authors provide concise, authoritative analysis on all established and emerging issues in labor and employment law. This comprehensive treatise also offers practice tips, checklists, and model forms for use in ERISA, FMLA, and OSHA disputes.


theft,employee theft,theft in workplace,workplace theft,arbitration,employment arbitration,labor arbitration,employee discipline,employee discharge,larceny,short-ringing,falsification of records,robbery,misappropriation of property,accomplice liability


For an overview of the arbitration hearing: administration, conduct and procedures, see Ch. 221. Just cause and progressive discipline is discussed at Ch. 230. For an overview of common causes of discipline, see Ch. 232. See Ch. 239 for a discussion of non-disciplinary termination. Ch. 252 discusses remedies. Ch. 274 provides a state labor and employment law summary.


See National Labor Relations: Law and Practice (Matthew Bender), a comprehensive, authoritative treatise on the entire scope of the National Labor Relations Act and related statutes, as interpreted by the National Labor Relations Board and the courts.

See O'Meara, Employment Arbitration (Matthew Bender), which provides in-depth analysis of the Federal Arbitration Act as well as case law concerning the enforcement of employment arbitration agreements and appeals of arbitration awards.

See Unjust Dismissal (Matthew Bender), which delivers comprehensive coverage of the most explosive issues in labor law today, and includes forms, checklists, sample interrogatories and motions, and jury instructions.
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