What Is The Punishment For Employee Theft?

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.

How do you prove an employee is stealing?

1. Look for Signs of Employee Theft. …
2. Contact Your Legal Counsel. …
3. Monitor the Employee. …
4. Hire a Private Investigator. …
5. Collect Written Evidence. …
6. Collect Security Footage. …
7. Interview Witnesses. …
8. Meet with the Employee You Suspect of Theft.

What to do if an employee is stealing money?

1. It may be the only way to get restitution.
2. Your other employees need to know you take stealing seriously. …
3. If you have insurance to make a claim against, or plan to try to hold another party such as a bank responsible, you will need to press charges.

Can you dismiss an employee for theft?

Theft is viewed by the courts as a serious disciplinary offence and normally

justifies dismissal

at first instance regardless of the value of the property involved. … The sanction of summary dismissal for theft, as such, is seen in most employers’ disciplinary codes in the workplace.

What is the maximum sentence for theft from employer?

What are the sentencing powers for the offence of theft from employer? A person found guilty of theft from employer on conviction on indictment would be liable to a maximum

custodial sentence of 7 years

.

What happens if I get caught stealing from work?

Yes. If your employer decides to press charges against you then you can be charged with

theft or larceny

. These are serious charges and, among other things, will become a matter of public record. You’ll face steep fines, legal fees and even possibly jail time if the crime was large enough to warrant that sentence.

How do I write a termination letter for theft?

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.

What are you entitled to when fired?

When an employment relationship ends, employees should receive the following entitlements in their final pay: …

any pay in lieu of notice of termination

.

any accrued annual leave and long service leave entitlements

.

the balance of any time off

instead of overtime that the employee has accrued but not yet taken.

What are the 5 fair reasons for dismissal?

• Conduct/Misconduct. Minor issues of conduct/misconduct such as poor timekeeping can usually be handled by speaking informally to the employee. …
• Capability/Performance. …
• Redundancy. …
• Statutory illegality or breach of a statutory restriction. …
• Some Other Substantial Reason (SOSR)

Will I go to jail for stealing money from work?

FindLaw states that the court may charge you with theft for embezzling money. The court can charge you with a misdemeanor or felony depending on the amount of money taken. … A

first-degree misdemeanor can cost you up to five years in jail

, while a third-degree felony can come with a seven-year sentence.

How long do you go to jail for theft?

Theft is triable either-way with a maximum penalty in the Crown Court of

seven years imprisonment

and/or an unlimited fine and in the magistrates’ court, six months imprisonment and/or an unlimited fine.

How much can you steal without going to jail?

Entering an open business with the intent to steal

less than $950 worth

of property is shoplifting under California state law (Penal Code 495.5). Shoplifting is usually treated as a misdemeanor — unless you have some major prior convictions — punishable by a half-year in county jail and fines of up to $1,000.

How do I get a job after being fired for theft?

A worker may be innocent and pursue legal actions to reverse the action. Whether an employer rightfully or wrongfully fired you, the key to finding a new job is

to convince an employer to review your application, cover letter and resume and then give you a chance

.

What are examples of misconduct at work?

• Confidentiality breaches. Many employees agree to protect trade secrets and confidential client information as part of their employment agreement. …
• Insubordination. …
• Unethical relationships. …
• Harassment and discrimination. …
• Theft or fraud. …
• Drug abuse. …
• Act quickly. …
• Investigate.

What is stealing considered as?

Theft is defined as the

physical removal of an object

that is capable of being stolen without the consent of the owner and with the intention of depriving the owner of it permanently. … Larceny is the trespassory taking and carrying away of personal goods from the possession of another with the intention to steal.

What is a dismissal letter?

A termination letter is

a formal notice letting an employee know they are being dismissed from their current job

. This letter details the reasons for the involuntary turnover, lists the next steps for the employee to take and explains any benefits or compensation they will receive.