Asked by: Arash Vormstein
business and finance human resources

Can an employer sue an employee for stealing?

Last Updated: 1st February, 2020

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You don't want your attempt to deal with theft toend up in a lawsuit against you. If you're talking about simple orpetty theft of cash or merchandise, you may be able tosue the employee for conversion. Therefore, you couldsue the employee for depriving your business of itsproperty.

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Subsequently, one may also ask, can a company sue an employee for theft?

Suing an Employee for Negligence Employees cannot be sued for simple negligence,but an employee can be sued for damages paid to a thirdparty if she acted with gross negligence. An employer may also beable to sue in limited cases where the employee was a1). "skilled worker" who 2).

Likewise, what is the punishment for employee theft? If you are convicted of employee theft orembezzlement crimes, the penalties will vary based on theassessed value of what is stolen. Theft in the amount of$1000 or less usually classifies as “pettytheft,” a misdemeanor punishable by modestfines and jail time of a year or less.

Similarly, can employer recover losses from employee?

This means that an employer will almost never beable to dock an employee's salary to recover damagesor losses which the employee causes to theemployer. Also, the employer will not easily be ableto hold an employee to account for negligence or evenintentional actions which cause the damage orlosses.

Can an employer sue an employee for quitting?

Generally, if an employer wishes to dismissan employee and end the employment relationship, theyare free to do so as long as they provide sufficient notice, or payin lieu of notice.

Related Question Answers

Samaira Medigo

Professional

Can you fire someone for suspicion of theft?

If you believe an employee hasstolen from your company, you need solid evidence ofthe theft. Depending on the seriousness of the theft,you may find it necessary to temporarilysuspend an employee while an investigation is conducted, butyou cannot fire an employee simply based onsuspicion.

Bartolo Marton

Professional

What is considered employee theft?

Employee theft is defined as any stealing,use or misuse of an employer's assets without permission. Below aresome of the different assets that employees normallysteal from their employers: Money – the most commonasset stolen from employers. Time – Occurs when anemployee is paid for time that he/she did notwork.

Caryl Destunis

Professional

Is employee theft a felony?

In order to be a felony theft, the value of theproperty must exceed a minimum amount established by state law,typically between $500 and $1,000. For example, if a state has a$600 felony theft limit, a person who steals a bicycle worth$400 has committed a misdemeanor.

Suyog Gandon

Explainer

How do you handle suspected employee theft?

What to Do
  1. 1. Make sure your evidence is strong.
  2. You will probably want to terminate the employeeimmediately.
  3. Notify the police.
  4. Don't deduct anything from the employee's final paycheck.
  5. Don't discuss the situation with other employees oroutsiders.

Craig Notari

Explainer

Can an employee be personally liable?

This is known as vicarious liability. However, insome cases both the employee and employer can beliable. An exception to this is if the employeedisplayed serious or wilful misconduct. Personal liabilitycan also arise in cases of negligence on the part of theemployee, especially if that employee is aprofessional.

Pritivi Llunell

Explainer

How can you tell if an employee is stealing?

Signs Your Employees Are Stealing from You
  1. theft of physical product.
  2. theft of cash.
  3. check tampering.
  4. billing fraud.
  5. reporting more hours than worked.
  6. turning in receipts that were for personal expenses.
  7. payroll fraud.
  8. theft of expensive equipment.

Jad Yrabien

Pundit

Can you sue for theft?

If you have solid evidence that someone stoleyour possessions, you can sue them to get your propertyback, called restitution, or recoup its monetary value. Filing suitin small claims court is the quickest and easiest way if the valueof your property comes within the court's monetarylimits.

Djenebou Rogero

Pundit

Can an employee be sued personally?

If your are doing work for customers, you couldbe sued if you are negligent and cause an injury to someone.However, the employer would also be liable for your actions .Usually, in such a case, suit is filed only against the employer,and the employer likely has insurance to for any accidents causedby his employees.

Andry Florez

Pundit

Can an employee be charged for damage?

Under the Fair Labor Standards Act (FLSA), you cancharge employees for equipment that would, otherwise, be acompany expense. The only exception to OSHA's PPE rule is when thedamage is caused by the employee'snegligence.

Wenjian Elicegui

Pundit

Are employees liable for mistakes?

Only if you agree (in writing) that your employer candeduct from your pay for the mistake, after themistake has occurred, OR if you are found liable in acourt of law for the damages. No, employers cannot chargeemployees for mistakes, shortages, ordamages.

Zeeshan Bocker

Pundit

Can an employer take an employee to court?

Breach of contract by an employee
If you breach your contract, your employershould try to settle the matter with you informally, but theycan sue you for damages in the same way you can suethem. Your employer would normally use a countycourt for a breach of contract claim.

Liliya Donchak

Teacher

What are the motives for employee theft?

Understanding Employee Theft
According to this concept, theft occurs whenthree elements are present: (1) motive, (2) desire, and (3)opportunity. In simple terms, motive is a reason tosteal.

Zenobia Skubowius

Teacher

What is wage theft law?

Wage theft covers a variety of infractions thatoccur when workers do not receive their legally or contractuallypromised wages. not giving workers their last paycheck aftera worker leaves a job. not paying for all the hours worked. notpaying minimum wage.

Valerio El Abbadi

Teacher

Can you dismiss an employee for theft?

It is common practice in the Labour Law field todismiss employees who have been proven to have committedtheft. The cornerstone of the employment relationshipis one of trust. It is reasonable to state that when anemployer no longer trusts an employee that, thatemployment relationship should be broken.

Yadira Passoni

Teacher

What are the different types of theft?

Following is a description of eight (8) different types oftheft and what their respective elements include.
  • Larceny / Theft. Simple theft (also known as larceny) is a typeof crime that involves unlawfully taking or using property thatbelongs to another person or entity.
  • Identity Theft.
  • Robbery.
  • Fraud.

Kristiana Herwich

Reviewer

Can I press charges for theft?

If the police do not arrest the offender butthere is evidence of a misdemeanor or petty crime (less seriousoffenses than a felony) the police can file a criminalcomplaint or other charging document in court. This will be mailedto the defendant and requires the defendant to appear in court andanswer to the charges.

Doyle Gunby

Reviewer

Will I go to jail for petty theft?

Petty theft and the related crime of shopliftingare misdemeanors. This means that convicted defendants face thepossibility of time in jail (not state prison) of upto one year or less, in most states; and a fine of up to one or twothousand dollars.

Grisel Huebra

Reviewer

What is stealing from your employer called?

Embezzlement occurs when someone steals ormisappropriates money or property from an employer, businesspartner, or another person who trusted the embezzler with theasset. Embezzlement is different from fraud or larceny(theft).

Geovani Eckels

Reviewer

Is time theft a crime?

Time card theft is a crime, thoughit is not usually prosecuted unless the theft issubstantial.