Should employees be prosecuted for stealing?

PROSECUTION. Prosecuting any employee for theft, regardless of amount or position within a company, should should be considered carefully. The process for filing charges against an employee is, in general, no different than any other criminal process.

Is embezzlement a criminal or civil law?

Embezzlement can be a criminal action in both state and federal courts. The jurisdiction depends on the specifics of the crime. Embezzlement can also be pursued through civil actions, leading to a judgment for damages, but not for jail time or a criminal record.

Is it common to have an employee embezzlement case?

Our experience has shown that incidents of employee embezzlement are common regardless of a particular company’s size or sophistication. In certain ways, investigating suspected embezzlement is similar to investigating other employee misconduct. The scope and manner of the investigation will depend in part on the size and complexity of the theft.

Can a criminal case be filed against an employee?

The process for filing charges against an employee is, in general, no different than any other criminal process. There are no special laws that pertain specifically to employees however there are criminal offenses that are more appropriate for fraud and embezzlement based on the facts of the case.

How does an employer know if an employee is embezzling money?

It is rare for an embezzler to be caught by direct observation. More often, suspected embezzlement is first detected based on circumstantial evidence, such as another employee’s report or through an audit. In such cases, the employer should move quickly to investigate and discipline the employees involved.

What happens if you prosecute an employee theft case?

The mishandling of a criminal investigation can ultimately put you at the risk of civil litigation, damaging the prosecutability of a case, or suffering through a criminal complaint brought by the offender you pursue. Employee theft statisticsin retail will give you insight into the depth of the problem in all businesses. PROSECUTION.

What to do if an employee embezzles?

If you think your employee is embezzling, contact a lawyer immediately. Do not attempt to conduct an in-depth investigation without consulting a lawyer first, as you may not be familiar with employment laws and what your capabilities are within legal boundaries.

How to prevent employee theft, embezzlement?

Manage Employees to Prevent Embezzlement and Theft Require employees to take a vacation. Limit overtime for employees who work in sensitive areas like payroll. Never allow employees to take work home. While good working relationships with vendors are helpful to your business, keep an eye on those relationships.

Can you prevent employee embezzlements?

The answer is yes, most employee embezzlement schemes can be prevented. There are practical measures any employer of any size can implement to prevent employee thefts and embezzlement. However, due to the very nature of fraud, creative employees working within an environment constructed with ineffective or non-existent internal controls, or worse, complacent supervisors and owners who simply do not perform the reviews and control measures, often circumvent any preventive measures.

What is embezzlement and employee theft?

Embezzlement, also known as employee theft, is the act of someone wrongfully appropriating funds that have been entrusted to their care but which are owned by someone else . The most common embezzlement is by employees, but others with fiduciary responsibility can also be charged with embezzlement. Sep 13 2019