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It's the impact on my resume that I am most worried about - whether it's better to be the one who quit vs. being terminated. The starting point for employee theft is gross misconduct, meaning that you can be immediately dismissed without any prior warning. Gross Misconduct - Employment Tribunal Claims Yes. Be prepared with whatever answer you want to supply. If the managers have some contact with one another, or there are other employees there who heard about your situation then the rumor mill may cause you trouble. Once youve landed the job, whether its the in-between role to get you by until you find that new role youve been dreaming about, make sure you dont steal! Maybe down the line, they will want to prosecute, and youll be lumped into that category. Gross Misconduct Law and Legal Definition | USLegal, Inc. Take the time to research your companys theft policy and see what youre entitled to as an employee and what youre not. Here, we uncover what could count as theft at work, what to do if you get caught stealing at work, and the potential consequences you could face. 1999)] Gross misconduct refers to behavior that can get a person dismissed straight away from work because it is serious enough and possibly criminal. Shes also our in-house fashion guru and enjoys cooking up a storm in her spare time. . Is it okay to tell my coworkers I am leaving just one day before I quit? Get legal updates, helpful articles, free resources and details of all our events straight to your inbox. SHRM Employment Law & Compliance Conference, New OSHA Guidance Clarifies Return-to-Work Expectations, Trump Suspends New H-1B Visas Through 2020, Faking COVID-19 Illness Can Have Serious Consequences. Some employers might have a separate procedurefor dealing with capability or performance issues that should be based on: Whether the employer deals with the issue under a capability or disciplinary procedure, they must do so fairly. As a bit of an insight into what will happen if you do choose to stay.. Firstly, the investigation will continue and end very quickly. Instead, they will be entitled to receive one or more warnings prior to termination of employment.