Fraud or theft is often seen by employers as one of the most serious violations in the workplace. In such cases, an immediate dismissalusually follows. This can have enormous consequences: no notice period, no transition payment and usually no right to unemployment benefits. However, an employer may not simply do this: strict rules apply and the employer must have sufficient evidence.In this article we explain what the rules are, how evidence is assessed and what you can do if you are wrongly accused.
What is fraud or theft in the workplace?
Fraud and theft include various behaviors, such as:
Stealing money, goods or products from the employer.
Misuse of company assets, such as fuel cards, credit cards or laptops.
Falsifying time registrations or declarations.
Unlawful use of confidential information.
👉 Not every incident is an immediate reason for dismissal. Circumstances play a major role.
Immediate dismissal in the event of fraud or theft
An employer may give summary dismissal, but must meet three conditions:
Urgent reason
: fraud or theft must be serious enough.Immediately
: dismissal must take place immediately after discovery.Communication of reason
: the reason must be clearly communicated to the employee.If the employer does not meet these conditions, the dismissal may be invalid.
Evidence in case of fraud or theft
The employer must have sufficient evidence. This can consist of:
Camera images.
Witness statements.
Internal controls or reporting.
Correspondence or digital traces (emails, log files).
👉 Without convincing evidence, dismissal is often not tenable in court.
Consequences of dismissal due to fraud or theft
Immediate dismissal, without notice period.
No right to transition compensation.
Often no right to unemployment benefits, because the dismissal is culpable.
Possible reporting to the police and criminal prosecution.
How can you defend yourself?
Disputes the facts
: are the accusations incorrect? Request proof.Check the procedure
: was the dismissal given immediately and was the reason communicated correctly?Go to court
: within2 monthsyou can request annulment of the dismissal or claim compensation.Negotiate
: sometimes a dismissal by mutual consent (VSO) can still result in better conditions.Practical examples
Example 1:
An employee took small products home. The judge ruled that this justified summary dismissal.Example 2:
An employee incorrectly declared kilometers. Because the employer had no clear evidence, the dismissal was annulled.Example 3:
An employee was fired for time registration fraud. The judge found the sanction too severe and awarded a transition payment.Checklist for dismissal due to fraud or theft
📑 Ask for the proof that the employer has.
⏳ Check whether the dismissal was given immediately after discovery.
📝 Check whether the reason has been communicated in writing.
⚖️ Consider filing a defense in court (within 2 months).
📞 Consult an employment lawyer immediately.
Common mistakes
Thinking that the employer does not need to have proof.
Take no action and miss the 2-month deadline.
Do not seek legal assistance for (unjustified) accusations.
Accepting dismissal while a better arrangement is possible.
Frequently Asked Questions (FAQ)
1. Can I just be fired for fraud or theft?
No, the employer must be able to prove this and meet the conditions.
2. Am I entitled to unemployment benefits after summary dismissal due to fraud?
2. Heb ik recht op WW na ontslag op staande voet wegens fraude?
Usually not, unless the judge annuls the dismissal.
3. Can I still receive compensation?
Yes, if the judge rules that the dismissal was invalid.
4. Can the employer use camera images as evidence?
Yes, provided the camera images have been obtained lawfully.
5. How quickly do I need to take action?
You must go to court within 2 months after discharge.
Why Arslan Advocaten?
Experienced in cases involving fraud and summary dismissal
Checking whether evidence and procedure are legally valid
Proceedings for reinstatement of employment or compensation
Negotiating alternative solutions (e.g. VSO)
Conclusion
Dismissal due to fraud or theft has far-reaching consequences, but should not be given lightly. The employer must meet strict conditions and provide convincing evidence. If you are confronted with this, quick legal action is crucial.