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QUESTION: Does anyone have a policy related to an employee stealing from a client? This would be an automatic termination. It is not a policy but covered in our employee handbook as well as staff code of ethics. We use the Elder Justice Act. If there is an allegation that an employee has stolen from a customer, the employee is placed on administrative leave until the investigation is complete. If the allegation is substantiated, the employee is terminated and charges may be filed against them. If it is unsubstantiated, then the employee can return to work and will be paid for their time off during the investigation for their missed shifts. Staff to client allegations: A. The accused employee will be suspended after a preliminary meeting with the Program Director. B. The Program Director will immediately inform the Director of Quality Assurance and the appropriate VP/Officer who will inform the CEO. C. The Director of Quality Assurance will keep the appropriate VP/Officer advised of the status of the investigation who will keep the CEO and the Director of Human Resources informed. All will participate in the investigation and resolution of the incident as appropriate and necessary. D. Resolution of the incident will be completed within a total of five (5) business days (seven (7) calendar days). E. Appropriate disciplinary action shall be taken immediately, up to and including termination when evidence of neglect, abuse, mistreatment, violation of rights or other wrongdoing is substantiated. The employee will be informed of the Conflict Resolution Policy. F. Upon final determination, the Program Director may terminate, otherwise discipline, or reinstate the employee with partial or full back pay. G. Criminal charges may be filed by the agency if the circumstances warrant. H. Every effort will be made to maintain standards of confidentiality. Information will be released by management on a “need to know” basis only. In cases where the allegation is not substantiated and with the written authorization of the employee, all persons interviewed will be informed of the outcome. I. Similar steps will be taken as above for all volunteers who is the alleged perpetrator. J. The Director of Quality Assurance maintains the results of all investigations of employees. Administrative Leave – Administrative Leave is a temporary absence from work that is required of an employee, contractor or agent for disciplinary reasons or pending results of an investigation. A supervisor should request Human Resources to place an employee on Administrative Leave as the result of the employee’s failure to comply with terms of a written warning, or if the conduct is severe enough to warrant an administrative leave in lieu of a written warning, or if the conduct constitutes a violation of a policy that stipulates administrative leave as the disciplinary action. An employee who is placed on administrative leave will be given written notice of the reasons for the action, and a copy will be made a part of the employee’s personnel record. An employee placed on administrative leave may appeal the decision to the Chief Executive Officer, whose decision shall be final. If an employee is suspected of participating in conduct that merits dismissal, the appropriate Director will contact Human Resources to place the employee on administrative leave while an investigation is conducted. If the employee returns to work, Human Resources and the supervisor will meet formally with the employee on administrative leave and communicate, in reasonable detail, the improvements in job-related behaviors required as a condition of the employee’s continued service. This meeting will be documented and records of it will be added to the employee’s personnel file. If the findings of the investigation are unsubstantiated, the employee on administrative leave will be paid for their regularly scheduled missed shifts. For regular full-time employees a "day" is defined as 8 hours. For regular part-time employees a day is defined as the average hours worked per day for the current calendar year. In either instance, time is not to exceed 40 hours per week. Dismissal –Dismissal occurs when other disciplinary action has failed to achieve improvement or when an employee violates an employee policy or work rule, and management, in its discretion, believes termination is warranted. The Human Resources Department and appropriate Director will review any proposed dismissal, and the dismissal shall take place only after their approval. Any employee will have the right to appeal his or her dismissal to the Chief Executive Officer, within 5 business days, whose decision shall be final. When the termination is a result of an investigation, the appeal process is not available. Accepting or giving items when a client is involved is strictly prohibited. Policy Details Gifts, loans, purchases, sales or donations of any sort, including food, drink, gratuities, services and belongings that are taken from or given to clients is generally prohibited. Due to the relationship established as a paid caregiver the exchange of gifts could be viewed as exploitative in nature and prohibited by not only XXX Policy, but by state regulations. Accepting of gifts may be considered unethical, or against policy and may result in disciplinary action up to and including termination. In most cases, employees may not give gifts of any sort to clients. Any gift given to a client must be given with approval of a supervisor. Gifts may only be exchanged at Christmas, Hanukah, or birthdays. The gift may not have a value over $5.00. Loans to or from clients of either money or property is strictly prohibited. This policy removes any doubt that business was secured due to inducement or financial gain. XXX's objective is to create an environment that is inclusive, safe, and generally embodies the beliefs outlined in the XXX Mission and Vision Statement. XXX strictly prohibits any conduct that deviates from those standards. Policy Details Listed Below are some of the more obvious forms of improper conduct that will not be tolerated by XXX. This list is, by all means, not all inclusive, and in no way changes XXX’s policy of At Will Employment: • Abuse toward a client, be it of a physical, mental, psychological, sexual, emotional, verbal, neglectful, intimidating, financial, or exploitative manner • Borrowing or coercing a staff or client to lend you money. • Theft of company or client property. *Note: Only the items in the list related to stealing from a client were listed. This information is a compilation of suggestions, ideas, and opinions shared by INARF Members in response to the featured question. This information should not be considered official interpretation or guidance of State or Federal Policy. Additionally, statements within this document do not necessarily reflect an official position or opinion of INARF.