If you have been accused of theft or fraud at work, it is best to speak to a criminal defence lawyer without delay. Ideally, you should seek independent legal advice as soon as you become aware of the internal investigation against you.
If you’ve been accused of a theft at work then you face 2 risks: the possibility of going to jail and the possibility of losing your job. This will obviously therefore be a stressful time for you.
Stealing is about money in some form, either through stealing cash or selling assets and pocketing the proceeds. Like all crime, employee theft requires both motive and opportunity. Opportunity appears when a business owner delegates daily financial operations to one or more employees who appear or have been trustworthy.
You always have the right to a lawyer. It may be difficult to have your attorney at work meetings, but you should always have your attorney with you when you speak with the police. There may situations in which your employer resolved the allegedly fraudulent incident at work and does not go to the police.
What Can I Do if My Employer Wrongfully Accuses Me of Theft?Verify the Exact Charge. Ask to talk privately with your supervisor and a representative from human resources to discuss the theft allegation. ... Refute the Accusation. ... Prepare Your Defense. ... Present Your Evidence. ... Secure Legal Help.
Employee Theft or Embezzlement can be charged as a misdemeanor or a felony depending on the value of the property taken and the defendant's prior criminal history. The punishment ranges from six months in county jail to three years in state prison. Anything you say can and will be used against you in a criminal case.
Warning signs of employee theftrefusal to turn over job tasks to others.unusual working hours.poor work performance.unjustified complaints about employment.defensiveness when reporting on work.an unexplained close relationship with, or unjustified favoritism by, a supplier or customer.More items...
Yes, salaried employees can be prosecuted if they misrepresent their hours. Courts have held that because annual leave is typically accrued based on hours, the time reported by salaried employees can be the basis of a prosecution.
Many companies have summarily dismissed employees for menial theft and, after a lengthy legal process, have suffered losses due to compensation for unfair dismissal and the reinstatement of employees.
Operational Risks. The damage done by employee theft is the cause of nearly a third of business bankruptcies in the U.S. To cover the losses caused by employee theft, a company may have to lower payroll by releasing employees, delaying key personnel promotions, and putting company expansion plans on hold.
Steps to Take When Conducting an Employee Theft InvestigationEvaluate the Situation and Protect Confidentiality.Notify Your Insurer.Assign an Investigator.Conduct Interviews and Document Everything.Gather and Evaluate the Evidence.Make a Decision and Take Action.
You need solid evidence, such as an eyewitness, before you can accuse an employee of theft.
Edward Harold of Fisher & Phillips LLP, a national labor-law practice, says that unless a company has conclusive evidence of theft, it should make no direct accusation and not even use words such as "theft" or "stealing." Terminating the employee this way -- rather than firing him for wrongdoing -- may allow the worker ...
The termination letter for theft format should be formal and straight to the point and include the date of the offense and the specifics of the offense. Notifying the employee of existing proof will help prevent a legal battle based on wrongful termination charges.
Employees may steal large amounts of money, workplace supplies, equipment or intellectual-property. Just as serious are employees who steal by completing inaccurate timesheets, claiming reimbursement for items not purchased, fraudulently transferring funds or misusing a corporate credit card, cheques or taxi vouchers.
Some employees steal simply because the opportunity is there. Others may feel wronged by their employer in some way and steal as a form of retaliation. Still others may steal because they believe the theft to be harmless because their employer has insurance against theft.
If an employee does commit theft or fraud in the workplace, there will have been a ‘breach of trust’. Offences associated with a breach of trust are not taken lightly, and if the accused is found guilty, the court may hand out a fine or even a jail sentence.
The law divides cases of shoplifting, theft and fraud into two broad categories – theft under $5,000 and theft over $5,000 . Ordinarily, being found guilty of theft under $5,000 is not likely to lead to a severe penalty, such as a jail sentence.
If your employer accuses you of theft or fraud, you should speak to a criminal defence lawyer straightaway . Being convicted of such a crime can have a devastating impact on your life, potentially resulting in the loss of your job, a jail sentence and difficulty securing future employment.
Of course, if you are found guilty of theft or fraud at work, the repercussions will be even more grave. There may be a fine to pay and a jail sentence to serve. Given that you will have a criminal record, it may be impossible to secure employment in the future, leading to severe financial difficulties.
It does not matter what your position or salary, employers entrust their staff to act with honesty and integrity. This means not stealing from the business, be it a chocolate bar from a supermarket shelf or money from a company account. If an employee does commit theft or fraud in the workplace, there will have been a ‘breach of trust’.
Do not say or do anything that would incriminate you, including making an apology. Consult with an employment lawyer, particularly if you’ve been denied EI benefits. A criminal defence lawyer can advise what to do next. Every case is different and the best approach will depend on your individual set of circumstances.
Just the suggestion that you may have stolen from work may be enough to prompt your employer to fire you – even if you are actually innocent or there is a perfectly plausible explanation for your actions. You will suddenly be left without an income, and it may be hard to secure another job, especially if your reputation has been damaged or you cannot get a good reference.
If you’ve been accused of a theft at work then you face 2 risks: the possibility of going to jail and the possibility of losing your job. This will obviously therefore be a stressful time for you. Most employees are aware that their employer is prohibited form unfairly dismissing them but may be unaware of precise mechanics ...
If you’ve been dismissed from your employment because of an allegation of theft then you should take the following action: Submit an appeal to your employer. Submit a grievance to your employer (if necessary)
Some Other Substantial Reason. Allegations of theft at work would fall under the potentially fair reason of conduct. Your employer will therefore normally be able to demonstrate that there was a potentially fair reason for your dismissal. However, your employer will also have to show that:
Submit a grievance to your employer. If you think that there have been elements of unfairness in the disciplinary process then you may wish to submit a grievance to your employer on this point as well . You can use the grievance letter template below to do so if you wish: Grievance letter template.
An employee can commit theft with a variety of methods: Stealing cash. Using company credit cards for personal purchases. Stealing company checks and forging a signature or, if employee is an authorized signatory on the account, writing checks for personal use. The theft can be more sophisticated:
Termination, as harsh as it sounds, is your only real choice for employee theft. To build the case for termination you need to: Gather evidence. Video and digital evidence are strong. A witness is also appropriate. Audit the computer files and financial records. Preserve documents, computer files, and emails.
The most common is stealing cash through pocketing loose bills to embezzlement. Embezzlement is defined as “theft or malfeasance (bad actions) by employees or other trusted individuals within the business.”. In general, embezzlement is theft or diversion of company funds to the employee/thief. Money isn’t the only thing that gets stolen.
If you notice an employee is suddenly driving an expensive car or has spoken about being in financial straits, it is possible theft is an issue.
Employees who steal also have a motive: Unexpected addiction to drugs, gambling, or another vice. Living beyond their means and justifying taking a little from the company to maintain a lifestyle. Feels disrespected from being passed over for promotion or being demoted. Proving they are too smart to get caught.
All but one could create difficulties in the future. A written warning, probationary period, and repayment all sound like appropriate disciplinary measures until you think about the impact on the rest of your employees.
Your attorney can help you with civil liability even if the theft is not prosecuted as well as assist in the termination process, especially if the employee is a union member or part of a collective bargaining agreement. As an entrepreneur or small business owner, learning that an employee has stolen from your company can feel like a threat ...
You may be wondering about the 10 defenses you can use when facing a theft charge. Read on to learn more about the best defenses for any theft charges you may be facing.
One of the most basic theft charge defenses is to claim you are the rightful owner of the property that was allegedly stolen. This defense can be used in any theft case, provided there is evidence to support your ownership of the property.
If theft charges have been brought against you, it’s important to understand your rights and do what you can to fight the theft charges. Theft charge defenses will vary depending on each individual theft case; however, learning about these common defenses is a great first step in learning how best to respond in your own case.
But, if your employer has or intends to call law enforcement, call an attorney immediately. You always have the right to a lawyer.
When you are wrongfully accused of illegal behavior and unnecessarily disciplined at work, you want to know what you can do about it. The truth is that there’s not much you can do at this time. If the allegations of fraud did not lead to criminal charges, then it is a purely internal matter.
If the allegations against you are based on a miscommunication, you can attempt to clarify what happened right away. However, be careful. Do not admit fault. Do not apologize automatically, or without thinking. Any apology could be seen as taking responsibility.
Whether theft is classified as petty, grand or grand felony is determined by the dollar amount of the property stolen. The threshold dollar amount will typically determine whether minor (misdemeanor) or major (felony) charges are brought.
Theft is the taking of the property of another with the intention of permanently removing it from the other person. The crime of theft is broken down into broad categories, that describe the severity of the crime for the purpose theft sentencing. These categories include: Petty theft. Grand theft.
States often place a specific dollar figure, such as $500 or $1,000, as the upper limit for petty theft charges.
The difference is a misdemeanor will have a maximum jail time of less than one year, while a felony will have a minimum jail time of more than one year in a state prison. Grand Felony Theft.
Theft Sentencing: Additional Factors. Even in cases of petty theft, there can still be major penalties in states with applicable recidivist or repeat offender sentencing laws, also referred to as " Three Strikes " laws. Regardless of the type of theft charged, an offender's history of theft or related crimes has a significant effect on sentencing, ...
Regardless of the type of theft charged, an offender's history of theft or related crimes has a significant effect on sentencing, with repeat offenders receiving less leniency, while first time offenders often receive relatively lighter penalties for the same crime.
In Washington, it is a felony to steal a search and rescue dog on duty.
Protect Your Rights After a Job Termination: Call an Attorney. Losing a job is often stressful and sometimes humiliating, but you should know that you always have certain rights regardless of the reason for termination.
For example, in California, the law requires the employer to pay the employee immediately if the employee was fired or if the employee quit after giving at least 72 hours notice. If the employee failed to give notice, the employer has 72 hours to issue a final paycheck. These laws may be inapplicable ...
Employee Rights After a Job Termination: Severance Pay 1 The terms of a written contract provide for severance pay; 2 An employee handbook documents the employer's policy on severance pay; 3 The employer has a history of offering severance pay to other employees in the same position; or 4 The employer made an oral promise to offer severance pay.
Employees terminated by an employer have certain rights. An employee has the right to receive a final paycheck and the option of continuing health insurance coverage, and may even be eligible for severance pay and unemployment compensation benefits. There are a number of steps you can take to help protect yourself after losing your job, ...
The termination of the employee was in retaliation for a specific act that's protected by law. An employer cannot fire an employee for reporting certain unlawful activities.
In most cases, employment is " at will ." At-will employment refers to the rights of an employer in the private industry to terminate an employee at any time and for any reason, as long as it's not illegal or contrary to an agreement. Termination, however, may be unlawful if:
For example, an employer may not terminate an employee for reporting sexual harassment, discrimination, or a violation of the Occupational Safety and Health Act (OSHA).
Teenage and adult workers commit theft for many different reasons such as trying to harm employers or impressing friends -- or as a cry for help or because of mental illness. A worker may be innocent and pursue legal actions to reverse the action.
Rebuild your reputation and repair your judgment if you committed the crime. Volunteer at local charities, nonprofit organizations or a religious institution if possible. Seek counseling or therapy if you believe mental health or emotional issues such as anger toward your boss or abnormal urges to steal contributed to your actions.
Treat an interview as you would as if the firing had never happened. Dress and speak professionally, act personably, smile and express confidence. If the firing comes up, use your practiced response.
That means knowing your rights as a (former) employee, including when and where to pick up your final paycheck, whether you’re entitled to pay for accrued vacation and sick time, what will happen with your health care benefits, retirement plan, any stock options and more.
Workers can also sue or file a charge with the Equal Employment Opportunity Commission if they are sexually harassed at work, fired for being a whistleblower, subject to constructive discharge (aka forced to resign), or made to endure a hostile work environment . To sue your employer for discrimination, you must first file a charge with ...
If so, you will likely have to file a charge of discrimination with the EEOC before filing a job discrimination lawsuit against your former employer. Again, the exception is violations of the Equal Pay Act, in which case, you are not required to file a charge, provided that you file your suit within two years of the pay discrimination.