Can you share more details about the investigation?
Typically the staff member being investigated would be placed on administrative leave during a lawsuit like this, even if they did nothing wrong. The fact that it didn't happen makes me think the investigation isn't being conducted properly.
They are currently in a suit with Apple over this. If they fire him and Apple loses the suit and a jury decides he didn't even steal documents (a possible outcome) then he can sue for wrongful termination.
Typically the staff member being investigated would be placed on administrative leave during a lawsuit like this, even if they did nothing wrong. The fact that it didn't happen makes me think the investigation isn't being conducted properly.