Can I prosecute an employee after they have left the company?
Yes. Contact the local police for guidance. If you have
the evidence (not suspicions) they will take a report. The report will
go through an Investigator (in most metropolitan areas) who would then
contact you for further details. It will be up to the Investigator to
take the case to the Prosecutor. Ultimately it is up to the Prosecutor
to decide to actually issue the warrant.
If I fired an employee for theft and determine later that more theft
was involved, can I still prosecute?
Yes. See above. All things being relative, check
your State's Statute of Limitations for theft to determine how long you can
wait to charges. You must have clear evidence! Sure you're angry
but allowing a case to go to court without a compelling case will get you
sued.
Can I take an employee's paycheck if they stole from me? Only if the employee agrees to it. Have the
employee write a statement about their misdeeds and allow them the
opportunity to repay you with their paycheck. Have them sign a
document that, in essence states, they acknowledge what they did and they
want to pay you back with their check. If they refuse, then DO NOT
threaten to call the police. The matter is over at that point as it
relates to the payroll check. Also see #1.
Can I sue the employee for theft? Most amounts do not rise to the level filing an actual
civil tort against the former employee However, check your
local Merchant's Statute or check under Civil Restitution to see how it is
done in your state. Always contact an attorney for legal advice.
If an employee is caught giving away merchandise or heavily
discounting merchandise to a friend, can I have the friend arrested? Yes. If you catch them in the act, the nonemployee
is handled as if they were a shoplifter. Theft is theft and there are
generally no special laws that single out employee theft as a special type
of crime. If this is after the fact and the employee is no longer with
you, turn the matter over to the police. See also #1.
Can I just get my merchandise back as restitution?
Yes, but it should be in NIB condition. If you have
prosecuted them, check with the Prosecutor's Office first.
For Employees and Former
Employees
My company caught me
stealing. How long does it take before
I am arrested? You may never be
arrested. The retailer has up to two
years (in most states) to actually take the
case to the police. It is a long time
to be worried.
Can I be fired for theft even
if I wasn't involved? In many states, a reason is
not required to fire someone, it is just done.
So if the employer believes you participated in
some way, then they don't necessarily have to
say: "Your hours have been cut because we think
you are a thief." If they conduct an
internal investigation, I believe they should
give you an opportunity to tell your side of the
"story". The level of actual proof they
need is up to the employer.
I was called into the office and
accused of theft. They wanted me to confess
and write a statement. Do I have to do that?
No one must write a confession to
their employer. However, failing to cooperate
in a company investigation may be grounds for
termination. If you absolutely were not
involved with theft then write that in the
statement. You're not required to do so but it
puts your side of the story on paper.
I am 18 and my parents called the
manager to find out why I was fired. They told
them to "ask him" because they can't discuss employment
matters. If 18 is defined as an adult in your
state, then it's back to you. And no, they cannot
have a copy of the statement you signed.
LPT Security
Consulting is licensed by the Texas Department of Public
Safety under Security Consulting Company License
C15227.
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rIGHT FIT for your Litigation and Consulting needs.
