Business Services

Employee Fraud & Misconduct Investigations in Thailand

In a fraud case, one wrong step can lose the whole matter

Business Services

In a fraud case, one wrong step can lose the whole matter

When something irregular surfaces, companies tend to let the employee go at once — and lose the evidence, face an unfair dismissal claim and miss the chance to recover the money. We set the order from day one: secure and preserve evidence without breaching personal data rules, suspend during the investigation as the work rules and the law allow, establish the facts and give the employee a chance to respond, and only then decide on discipline, a criminal complaint and a damages claim.

What we cover

Investigation plan and evidence preservation from day one

Reviewing email, devices and data within personal data law

Suspension orders during the investigation under the work rules

Fact-finding committee, statements and a written report

Discipline or dismissal backed by evidence

Criminal complaint, civil recovery and asset tracing

Day one matters most

When an irregularity surfaces, suspend access to the systems involved, copy documents and data before they can be deleted, and limit who knows. Confronting the employee before there is enough evidence tends to lose the evidence and make the matter hard to close.

Suspension during the investigation

An employer can suspend during an investigation where the work rules or an agreement provide for it, by written order stating the alleged offence, for no longer than the law allows and with pay at the rate the law sets. If the employee is cleared, the balance of wages must be paid.

Fact-finding that holds up in court

Appoint a fact-finding committee, record witness statements, let the employee respond and present evidence, and issue a written report. A transparent process helps both in a labour case if the employee sues and in a criminal case that relies on the same evidence.

Discipline or dismissal

Dishonesty in duty and intentional criminal acts against the employer are grounds for dismissal without severance, but they must be proven, and the dismissal letter should state every ground — grounds not stated may not be relied on later.

Criminal complaint and recovery

Some offences are compoundable and have a short deadline for filing a complaint, so decisions have to be made quickly. Alongside the criminal case, the company can sue to recover the money, and should trace the person's assets early, before they move.

Talk to us about this

Free initial consultation. Tell us what your business needs and we'll map the steps and a quote.

Talk to us about this +66 92 254 2045

Frequently asked questions about Employee Misconduct & Fraud Investigations

6 questions answered

Not in a hurry. Secure the evidence and establish the facts first; if the employee needs to be kept away meanwhile, use suspension under the work rules. A dismissal made before the evidence is sufficient is often challenged and weakens the criminal case.

Some offences, such as embezzlement, are compoundable and must be reported within a short period from when the company learns of the offence and the offender. Past that, criminal proceedings are barred — so get advice as soon as the matter surfaces.

Company devices and accounts can be reviewed within a notified policy and a lawful basis under personal data law. Personal devices need great care: evidence obtained unlawfully can cause problems both in the case and in the company's own liability.

Theft is taking property not in one's possession; embezzlement is misappropriating property one already holds, such as money collected on the company's behalf. The difference affects whether the offence is compoundable and the complaint deadline, so have a lawyer look at the facts before filing.

With an acknowledgment of debt or a settlement agreement stating the amount, how it will be paid and what happens on default, signed voluntarily in front of witnesses — avoiding anything that could be read as coercion, which can make it unenforceable.

Only for loss caused intentionally or by gross negligence, with the employee's consent and within the per-period cap the law sets. Anything beyond that has to be claimed separately.