The recent case of Captain Astarte Hunt, a Maryland Department of Health police captain charged with misconduct for attending college classes while on duty, underscores the seriousness of time theft. In Hunt’s situation, criminal prosecutors have alleged that Hunt collected more than $5,000 in payroll funds and falsified mileage logs for personal use of her state-issued vehicle. While this case is extreme and involves criminal charges, it also offers private-sector employers a timely reminder: employee abuse of time and resources can have significant legal and financial consequences.

For employers, terminating an employee for time theft or abuse must be handled with care. Even when the misconduct seems clear, employers should take steps to avoid potential wrongful termination or retaliation claims. Here are five tips to combat time theft.

1. ‍Have written workplace policies. First, ensure that your workplace policies clearly prohibit falsifying time records, misuse of company property, and engaging in personal activities during work hours without authorization. For example, be clear about work hours and how employees should seek permission to work beyond those hours, or instruct employees what they should do it they complete their tasks before the end of the day.
2. ‍Communicate Expectations. What good are policies if they collect dust on a shelf? Reinforce policies regularly through formal trainings and written reminders. Make sure policies are disseminated and employees sign receipts that they have received and read them.
3. ‍Investigate and Document. Before jumping the gun, employers must collect as much evidence as possible, including time records, security video, witness statements, GPS or vehicle-use data, or any other relevant proof before implementing disciplinary action. A well-documented record of the violation can help protect the employer in the event of litigation or other administrative disputes.
4. ‍Follow Progressive Discipline Policies. Employers should follow progressive discipline policies where appropriate, unless the misconduct rises to a level warranting immediate termination. Attending college classes while on the clock  is one extreme, but what about the worker who takes a few smoke breaks throughout the day without clocking out?  Should they be treated the same?
5. ‍Apply Discipline Consistently: Avoid selective enforcement to reduce claims of unfair treatment. Make sure your investigation is not targeting your employees on the basis of their legally protected categories (e.g., race, disability, national origin, sexual orientation, sex, age, etc.).

Consulting with legal counsel about your policies and before final action is advisable, particularly when the employee holds a senior role or when the termination could invite claims of discrimination, retaliation, or breach of contract.