What can I do if I am accused of theft in the workplace?

Question

My former boss accused me of stealing $2500,  he says he has a hidden camera showing me stealing $15 and says that he went back throughout my history of employment with the company and has accused me for anything that seemed messed up.  He has not contacted the authorities but rather sent me an email threatening to call the police about this issue if i do not pay him back.  What advice, if any can you offer?

Anthony Lowenstein · Answer

It depends on several factors.

Jacob P. Sartz · Answer

Anything you say can and will be potentially used against you if your employer does ultimately contact the police. Written statements, especially e-mails will certainly be a big issue. I would strongly advise you to contact an attorney. Possible charges could include potential felonies depending on what allegedly went on. You need  specific legal advice for your particular circumstances.

Stephen Freeborn · Answer

Without more facts, I would advise you to retain the services of an attorney to help you through this.  If you have not taken anything, and there is no merit to the accusations, you should have little to worry about.  Your boss may be using you as a scapegoat for something else.  However, do not take this lightly.  The amount he has accused you of taking would make this a felony offense.

Dennis Roberts · Answer

If he is right, pay him back. If he is full of it, hire a criminal defense attorney. Line one up but tell him you won't need him/her until he goes to the cops. Pay a consultation fee and no more.

Scott Tibbedeaux · Answer

Contact an attorney with the email and details of the situation to best explore your options.

Sean Walsh · Answer

Schedue a consultation immediately with a qualified defense lawyer.  You could face felony grand theft charges.

Roianne Houlton Conner · Answer

I would advise you to immediately obtain an attorney to represent you in this matter.  It appears that your boss is attempting to blackmail you. An attorney would assist you in getting this matter resolved.

Thomas Tomko · Answer

You are in a difficult position. One view of what the boss is doing is extortion, which itself could be a crime.  Essentially, I understand that your boss is saying pay me $2,500 and I will not go to the police.  If so, then this could be viewed as a type of extortion.  (Keep his e-mail as potential evidence).  You may wish to have this reviewed by counsel.  Similarly, if you believed that this was a crime, it would equally be extortion if you said that you would not call the police unless he keeps you employed and doesn't report any claimed theft to the police.  If there is a possibility that you are on tape stealing $15, then you may face some difficult evidence if you are charged with a crime.  You should avoid making any statements concerning this matter, and should not make statements that amount to an admission.  In Michigan, in the absence of a union and collective bargaining agreement, employment is "at will."  This means that you could be fired at any time without giving any reason. Therefore, you are not in a strong position under the facts you present if your goal is to preserve your employment.  I hope that this was helpful.

Seth Bloom · Answer

This depends upon your actual level of guilt in the situation.  If you have, in fact stolen from the company then you should likely attempt to keep this matter out of court by settling with your employer. You should be sure, however, to have an agreement in writing to ensure that the terms of the settlement are clear and that you do not end up extorted for money on a continuing basis. This is something that it would be wise to consult with an attorney about.  Conversely, if you have not committed any wrongdoing and believe that your boss does actually intend to refer this matter to the police then you should also consider hiring a criminal defense attorney as soon as possible in order to attempt to persuade your boss against this and/or to defend you in any ensuing legal proceedings.  If you are seeking legal representation in this matter in Louisiana, I invite you to contact my firm at the information on this page for a free case evaluation.

Michael Nack · Answer

I have handled several cases similar to yours, and in fact, I have one of   these going on at the moment. In many cases an attorney may be able to   communicate with your former employer in a way that will minimize your troubles.   Personally, I believe that an employer will in most cases take a very  serious  approach when an attorney is involved, and may not attempt to threaten  and bully  you into paying more than would be fair. I always ask to see  whatever proof the  employer has. Most allow me to see their records, tapes,  video's or whatever  they have. If there is good evidence that the former  employee has taken  anything, then the employer may negotiate a settlement with  the attorney under  which the former employee can repay whatever was taken  and the whole matter  dropped. Often this requires installments, but these can  be negotiated.

Susan Correia-Champa · Answer

Without more information, it sounds like your employer has evidence of you stealing $15.00.  Without more, it does not sound like your employer can do anything. I would advise if he contacts you again, you should contact an attorney. Likewise, if the police contact you do not speak to them but contact an attorney immediately.

Paul J. Wallin · Answer

This can be extremely serious. You can be accused of felony embezzlement per Penal Code Section 503.

Eric M. Mark · Answer

Retain an attorney who can speak with your employer for you and protect your rights if he does report it to the police. Much more information is necessary to give you advise the next step to take. Call a lawyer ASAP.

James Schoenberger · Answer

If you stole, work out a plan to repay him. If you did not, call his bluff.

Gregory Casale · Answer

Generally, remember that anything that you say can be used against you so be cautious. I assume that you will not be working there any longer, so what benefit would it provide to admit anything and to pay back anything that cannot be proved. Just because someone says there is a video doesn't mean that it is true. Non-professional, and often even professional, video cameras produce such grainy and jittery images that it is difficult to prove anything with them. Hire an attorney and provide him or her with the specific information that he or she asks of you, then follow their advice. Without more detail I couldn't provide specific advice.

Steven C. Bullock · Answer

If you did it, fess up and pay him back if you didn't, tell him to do what he feels is right and be prepared to defend yourself in court.

Samuel H. Harrison · Answer

It sounds to me like he doesn't have enough evidenceto go to the police, doesn't think he has enough to go to the police, or has been to them and been told he doesn't have a case. I suggest you say nothing more to the former boss and retain a good lawyerwith experience in criminal defense.

Michael J. Breczinski · Answer

The first question is "Is it true as to any theft?" Is he making something up?  He could be trying to extort money out of you by threatening to call the police  if you don't pay or he could be just giving you a chance to make the theft good.  More facts are needed.

Jason Savela · Answer

This is a situation that I would like to discuss in my office in person.  Too many variables to get a quick answer.  Do not make any admissions and only discuss the actual facts with your lawyer.

Kathryn Hudson · Answer

I would retain an attorney to write him a letter demanding that he offer proof that you stole from him. On the surface it sounds like he is shaking you down for money which puts the criminal activity on him, not you.

Jared Altman · Answer

First, might he really have a video of you stealing? If no then don't cave to his bullying. If yes, then you might offer to return the $15 but deny all other wrongdoing. Ask him for a receipt that says he is releasing you from any future claims. Lastly, you need to find a new job.

Jules N. Fiani · Answer

You should hire and consult with a criminal defense attorney in order to achieve your best outcome.

Jeff Yeh · Answer

First, hire a lawyer and speak to no one else. You must not incriminate yourself by speaking with your former boss, investigators, police...etc. Second, have your lawyer send your former boss a cease and desist / defamation letter.

Gabriel Dorman · Answer

You should immediately hire a criminal defense lawyer to help you. In general, you should do everything possible to avoid a theft charge and/or conviction as this will greatly impact your ability to obtain future employment and/or professional license. If the allegations are true, then an attorney can be effective in negotiating a settlement of this matter so that this is not reported to police.

Michael Maltby · Answer

I suggest you contact an attorney who practices in your jurisdiction.  Your question contains too many factual issues that an attorney would have to know about in order to advise you.   I will add that even assuming your boss does have a video of you stealing $15 you might still want to tell him to "pound sand." It all depends on your particular situation as to how to proceed.

Carina Laguzzi · Answer

If you did take the money, make a payment plan to pay it back.  Otherwise,   find another job.

Andrew Roberts · Answer

Get an attorney immediately . Do not say anything to anyone but your attorney .

Michael Morgan · Answer

Proof of stealing $15 is normally not considered proof of stealing larger amounts of money. I would suggest you ask to see the alleged video.

Timothy Klisz · Answer

Arrange to hire a lawyer to broker the deal. Unfortunately, even if you pay him back, he can still legally press charges. This is usually handled professionally, however.

Terry Nelson · Answer

What can you do?  Take his threats of prosecution seriously.  Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict.  A little free advice:  exercise the 5th Amendment right to SHUT UP and do NOT talk to anyone except an attorney about the case.  That includes on this or any other web site or public forum.  It also includes any communication or dealings with the company agents.  Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation.  If you havent yet been arrested, your attorney may be able to negotiate a civil compromise agreement with the company that will avoid you being prosecuted.  The attorney may be able to prove to the company their claims are not provable, and get the whole problem dropped.

Jared Austin · Answer

First of all, don't agree to pay back anything until first consulting with a criminal defense lawyer. Ask the boss for any proof or record that he has that you stole anything. Depending on how long ago it's been, the statute of limitations may have already expired. He will need some sort of proof before the prosecution can hope to get a conviction. Make sure you don't admit to anything either as that can be used against you. If they file charges, you definitely need to hire an attorney.

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What can I do if I am accused of theft in the workplace?

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