Employee theft, also called occupational fraud or corporate theft, is any act of stealing, embezzling, or misusing an employer’s assets or resources by an employee. This can include anything from stealing cash, products, or equipment to abusing their access to sensitive information or manipulating accounting records for personal gain.
Workplace theft can have serious consequences for both the employer and the employee. The employer can suffer financial losses, damage to reputation, and even legal repercussions, while the employee can face termination, fines, and criminal charges. By taking swift and decisive action, employers can protect their assets and ensure the integrity of their business operations.
Can an Employee Theft Lawyer Help an Employer?
Yes, in some cases, an employee theft lawyer may be needed to help the employer investigate and prosecute the offending employee. An employee theft lawyer is a type of lawyer that represents employers in cases of occupational fraud.
A corporate theft lawyer can help an employer by investigating the suspected theft, including reviewing financial records, conducting interviews, and gathering evidence. They can also advise the employer on their legal options, such as pursuing a civil case or criminal charges.
If the employer decides to pursue legal action against the employee, an employee theft lawyer can represent them in court by filing a lawsuit to recover stolen assets or damages or working with prosecutors to bring criminal charges against the employee.
A corporate theft lawyer can also help an employer take steps to prevent future incidents of theft. A lawyer can help develop stronger internal controls, implement new policies and procedures, or provide training and education to employees on the importance of ethical behavior.
Workplace theft is a serious crime that can affect both employers and employees, as noted above. If an employer suspects that an employee has engaged in theft or other forms of occupational fraud, they should consider scheduling a consultation with an employee theft lawyer to help them investigate and prosecute the matter.
As an Employee, What if I Am Accused of Theft but Am not Guilty?
Just as it is important for employers to protect their business, it is equally important that employees are treated fairly when questions of workplace embezzlement arise. A lawyer can help an employee who is involved with an employee theft issue at their workplace.
It can be a scary and stressful situation for an employee, as a job is often a very important part of an individual’s life. If you are an employee and have been falsely accused of theft but are not guilty, you have employee rights when accused of theft, and there are steps you can take to protect yourself.
Employees may be wondering, “can you be fired for stealing without proof?” It is important to know that employees have rights also in these situations and do not have to face them alone.
Can an Employee Theft Lawyer Help an Employee?
Yes, a workplace theft attorney can help an employee who has been accused of workplace theft, whether they actually committed the theft or were wrongly accused. If the worker did commit theft, their lawyer can help them resolve the issue with their employer and come to an agreement that works for both parties.
If an employee has been falsely accused of theft or has faced workplace consequences, they may have a claim against their employer, such as:
- Discrimination
- Due process issues
- Defamation
- Wrongful termination
Discrimination
All employees have the right to be treated fairly and without discrimination. If you feel that you have been falsely accused based on your race, gender, religion, or other protected characteristics, you may have a legal claim. You should speak with an employment lawyer to understand your options.
Due Process
All employees also have the right to due process. This means that your employer must follow certain procedures when investigating and disciplining you for an alleged theft. For example, your employer should take the following steps:
- Conduct a fair and thorough investigation
- Provide you with an opportunity to respond to the allegations
- Give you a chance to appeal any disciplinary action taken against you
Defamation
If you have been falsely accused of theft, you may also have a claim for employment-related defamation of character. Defamation occurs when someone makes false statements about you that harm your reputation.
If your employer has made false statements about you in connection with the theft accusation, such as telling your coworkers or customers that you are a thief, you may have a defamation claim against them. Although these types of statements can be very frustrating and harmful, it is important to know that you will have to show they were made with malice or reckless disregard for the truth to have a legal claim.
Wrongful Termination
If you have been wrongfully terminated as a result of a false accusation of theft, you may also have a claim for wrongful discharge. Wrongful discharge occurs when an employer fires an employee in violation of the law or public policy.
If your employer fired you without following proper procedures or without sufficient evidence of the alleged theft, you might have a wrongful discharge claim. However, note that in most states, employment is at-will, which means that employers can terminate employees for any reason as long as it is not illegal or discriminatory.
If you have been accused of theft, you should consult with an employment lawyer to understand your legal rights and options. Your lawyer can walk you through the investigation process, protect your rights, and pursue any legal claims you may have based on a false accusation.
What Steps Do I Take if I Have Been Accused of Employee Theft?
Being accused of theft by an employer can be a scary and stressful event. However, just because an individual is accused it does not mean they are automatically guilty or will lose their job.
There are steps an employee who has been accused of theft should take to protect themselves, such as:
- Consulting with an employment lawyer as soon as they can
- Filing a complaint with the human resources department at their company
- Filing a lawsuit in civil court
A lawyer can help an employee throughout the entire process, including completing any required administrative steps to remedy the issue.
As an Employer, How Can I Avoid Employee Theft?
Theft in the workplace can have serious consequences for employers, including financial losses, damage to reputation, and even legal repercussions. Therefore, you need to take steps to guard against employee theft.
Here are some strategies you can use:
- Conduct background checks: One of the best ways to avoid workplace embezzlement is to conduct thorough background checks before hiring new employees. Do this by checking criminal records, credit histories, and references.
- Create a strong company culture: Employers should foster a company culture that values integrity and ethics. This can be achieved by providing ethics training to employees, communicating clear expectations regarding ethical behavior, and rewarding employees who exhibit ethical behavior.
- Implement internal controls: Employers should implement internal controls that make it more difficult for employees to steal. This can include segregating duties, implementing dual control systems, and performing regular audits.
- Monitor inventory and financial records: Employers should keep a close eye on inventory and financial records to catch any irregularities or discrepancies. Do this through regular audits, spot checks, and reconciling bank statements.
- Limit access to sensitive information: Employers should limit employee access to sensitive information and financial systems. Restrict access to certain areas of the workplace or require multiple levels of approval for financial transactions.
- Encourage reporting: Employers should encourage employees to report any suspected theft or unethical behavior by establishing a hotline or reporting system where employees can report concerns anonymously.
- Respond swiftly to suspected theft: Employers should take swift action when they suspect theft or other unethical behavior. If necessary, conduct a thorough investigation involving law enforcement, and take appropriate disciplinary action against the employee involved.
By implementing these strategies, employers can create a workplace culture that discourages theft in the workplace and makes it more difficult for employees to steal. By being vigilant and proactive, you can protect your assets and maintain the integrity of your business operations.
Do I Need a Lawyer?
Whether you are an employer or an employee, an employment lawyer can help with employee theft issues. These cases can be difficult for both employers and employees, as employers do not want to lose workers and employees want to keep their jobs.
If you think that you have been wrongfully terminated from your job, you should get advice from a qualified wrongful termination lawyer. If you were fired illegally, you might be entitled to compensation for lost wages, emotional distress, and other damages. It is important to act as quickly as you can, as there are strict deadlines for filing a wrongful termination claim.
If you are an employer who is pursuing a theft claim against an employee, your lawyer will help ensure that you use the proper steps and channels, no matter what type of case you are making. These situations can be difficult for all parties involved, so having legal representation is an important step. Use LegalMatch to find a qualified lawyer who can help you get the compensation you deserve.
LegalMatch is a reputable online platform that can help you find qualified lawyers in your area. With LegalMatch, you can easily search for lawyers who specialize in employment law and wrongful termination cases. Our platform allows you to review lawyer profiles, read client reviews, and compare pricing and availability.
LegalMatch offers you the opportunity for a free initial consultation with a lawyer to help you understand your legal rights and options. Using LegalMatch, you can find a qualified wrongful termination lawyer to help protect your rights and pursue the compensation you need.
