I am working for a travel agency in New York city for more than 10 years
and one of middle management members.
Recently, I was very upset to know the company (President & our branch manager)'s decision towards the following incident.
I and my colleague accidentaly found a embezzelment by one of managers. He entered our company about 2 years ago (although he has more than 10-year experience in this industry).
What he did was using airilne travel vouchers (which are all company's property and which are regulated to use for our clients only at special cases due to the limited numbers of stock) for his personal trip - for himself and friends. Total amount of vouchersare $1000.
He used a trick to use secret site of reservation system and
made a booking, in order not to be found by other staff.
It was very obvious he tried to get away from any accusation at first place.

When our accounting manager asked him how he got these vouchers
he answered "Airline sales person gave those specially for me" which was
also turned out to a lie, after we had inquire the sales person about it.
The airline rep. told us that our manager had requested for his clients
and that those vouchers should never be used for agent's personal trip.

My colleague had reported to our upper management with all history documents which shows his embezzelment.
However, after a few days later, secret meeting (President, Geneneral Manager and him only) was held. My colleague was told to keep silent
to anyone, and to back off, since the manager agreed to pay back and promisedit would not happen again.

We are very upset because of following reasons:
-1- the meeting was called by upper management as official, but
no administrative manager or human resorces manager was called.
-2- either administrative or human resorces managers has been informed
about the incident as of today (the meeting was held a week ago)
-3- therefore, in the meeting, the waring was done by varbally, but no
written words were filed on his performance records- which means
off the record - according to administrative manager
( he was also very upset since he was out of the issue)
-4- our company was extremely strict about errors and mistakes - usually
we are required to fill out "revenue loss form" and sign our names
and officially filed in our personal records. Frequently, these records
are brought up and discussed upon annual evaluation.
As a result, some were de-promoted, were decreased salary, received
written warning. why this case was secretly settled and closed
without record?
-5-the manager who used company property was intentionally deceiving
all of us not only for himself, but also for his own friends.
it was clear that he travelled by those vouchers in june (wihtin US)
and in july (France & Spain).
-6-At last, our upper management said, "it is very simple, you just shut your
mouth. that's the end of conversation. we are shorthanded, we cannot
fire him at this moment. if we fire him, can you fill in his replacement?
if you are the one of the management crew, you need to consider
what is the best for our company, not personal accusation"

I try to find any terms of work discrimination or unfair treatment, but I could not. I still think this is unfair to other deligent workers who always follow
the company rules, if we keep silent or file complaints on this issue.
Would you advise me what is the best way, or any legal terms apply
on labor law such case?

Thank you for reading.
Hidaka

Hi Hidaka,

There is no discrimination law for your case. Discrimination is based on race, sex, religion, age and creed, as well as sexual harassment.

Since your situation does not involve these it is not discrimination.

Perhaps your manager want to give the person another chance, and this would be at his discretion unless there is a written policy on how to handle such matters.

Your best bet would be to see if the company has a written policy on what will happen to employee theft.

Best wishes.