In Florida, employee theft refers to when a worker unlawfully takes or misuses their employer’s property with the intent to deprive the owner of it, whether permanently or just for a time. Employee theft can involve physical items like cash, merchandise, or tools, but may also include non-physical assets such as a company’s trade secrets or proprietary data.
The governing law for employee theft can be found in Florida Statutes Section 812.014, which outlines theft in general terms and applies to acts committed within the scope of employment.
It is important to note that the seriousness of the criminal theft offense depends on the value of the stolen property.
For instance, if the amount is under $750, it’s considered petit theft, which is typically charged as a misdemeanor. If the value exceeds $750, then the theft crime escalates to grand theft, which is a felony.
Grand theft is then further categorized into three degrees: third-degree for property worth between $750–$20,000, second-degree for stolen amounts between $20,000–$100,000, and first-degree for anything over $100,000. Each level of theft carries increasingly severe penalties, including jail time, fines, and probation.
Although Florida law doesn’t carve out a separate statute specifically for employee theft, employee theft cases are often prosecuted more aggressively due to the breach of trust that is involved.
Employers may even seek restitution and push for harsher consequences to deter future misconduct. A conviction for employee theft can have lasting effects on an individual, not just legally, but also professionally. A theft conviction will make it difficult for the individual to secure future employment or rebuild their reputation.
As such, if you have been accused, charged, or even convicted under employee theft laws, then it is recommended to set up a legal consultation in Florida with Florida lawyers knowledgeable in handling employee theft cases. They can answer any questions you may have and help guide you to getting the best possible outcome for your legal matter.
Can an Employee Theft Lawyer Help an Employer in Florida?
Yes, similar to representing an employee, an employee theft lawyer can also be a valuable asset to employers in Florida who suspect or have confirmed theft within their organization. These attorneys often handle cases involving occupational fraud and can assist employers in conducting internal investigations, reviewing financial records, and gathering evidence to build a strong case.
Their legal experience helps ensure that any legal action taken, whether civil or criminal, is grounded in solid documentation and also adheres to Florida’s legal standards, particularly under Florida Statutes Section 812.014, which governs theft offenses.
Beyond litigation, these lawyers also play a preventive role for the company. They can advise employers on strengthening their internal controls, drafting clear workplace policies, and implementing training programs that promote ethical conduct by their employees.
By proactively addressing vulnerabilities, employers can reduce their risk of future incidents and foster a culture of accountability. In short, an employee theft lawyer not only helps resolve current issues but also equips businesses with tools to guard against employee theft moving forward.
As an Employee, What if I Am Accused of Theft but Am Not Guilty?
If you’re an employee in Florida and falsely accused of theft, it is crucial to remain calm and assert your rights. Employers must provide credible evidence before taking disciplinary action, and you’re entitled to a fair investigation.
You should always cooperate with internal inquiries, request access to any allegations or documentation, and consider seeking legal counsel from a Florida wrongful termination lawyer to protect your reputation and employment status. Employment-related defamation of character can affect your career options moving forward. Being proactive and transparent can help clear your name and prevent long-term damage to your career.
If the accusation leads to termination without proper justification or due process, you may have grounds for a wrongful discharge claim. Wrongful discharge occurs when an employee is fired in violation of legal protections, such as retaliation, discrimination, or lack of evidence.
In such cases, you could pursue legal remedies, including reinstatement, back pay, or even other civil damages. Documenting the events and maintaining records of communications with your employer will be vital if you choose to challenge the termination.
Can an Employee Theft Lawyer Help an Employee in Florida?
Yes, an employee theft lawyer can be very helpful for someone accused of workplace theft in Florida. These attorneys are experienced in defending individuals against criminal charges and can help ensure that your rights are protected throughout the legal process.
They can challenge weak or circumstantial criminal evidence, negotiate with prosecutors, and work to prevent a conviction that could damage your reputation and future employment prospects. Their understanding of Florida’s criminal laws and procedures also allows them to build a strong defense tailored to your specific case.
Beyond criminal defense, an employee theft lawyer may also assist an employee if their accusation led to job loss or reputational harm. If an employee is terminated without proper investigation or evidence, that could potentially be a case of wrongful discharge.
The lawyer can evaluate whether the employee’s dismissal violated employment laws or company policy and help them pursue remedies such as reinstatement or compensation. Once again, having legal support ensures you’re not navigating these serious consequences alone and gives you the best chance to positively resolve your case.
In Florida, What Steps Do I Take if I Have Been Accused of Employee Theft?
If you’ve been accused of employee theft in Florida, it is important to respond carefully and protect your legal rights. Allegations of theft can lead to serious consequences, including criminal charges and job loss, even if you’re innocent. Staying calm and taking strategic steps can help you defend yourself and avoid lasting harm.
The following is a list of helpful steps to take if you have been accused of employee theft:
- Do not speak to your employer or investigators without legal advice
- Hire a criminal defense attorney with experience in handling employee theft cases
- Collect and save any evidence that supports your innocence
- Avoid discussing the situation with coworkers or on social media
- Ask for documentation related to the accusation and investigation
- Learn the specific charges being brought against you under Florida law, such as petit or grand theft
- Consider possible legal defenses like mistaken identity or lack of intent
- If you have been fired, explore whether you may have a wrongful discharge case
As an Employer in Florida, How Can I Avoid Employee Theft?
As an employer in Florida, preventing employee theft generally starts with creating a culture of transparency and accountability. This includes conducting thorough background checks during the hiring process, clearly communicating company policies on theft and misconduct, and implementing secure systems for inventory and financial tracking.
Additionally, regular training, anonymous reporting channels, and consistent enforcement of rules also help reinforce ethical behavior and deter dishonest actions. By staying proactive and vigilant, employers can reduce the risk of internal theft and protect their business.
Do I Need a Wrongful Termination Lawyer?
If you have been accused of employee theft, and that accusation has resulted in you being wrongfully terminated, then you should consider consulting with an experienced Florida wrongful termination lawyer. LegalMatch can assist you in locating an attorney near you who handles employee theft and wrongful termination cases.
An attorney will be able to help you understand your rights, gather evidence, and meet critical deadlines for filing complaints with agencies like the EEOC or the Florida Commission on Human Relations. Additionally, a lawyer will also be able to ensure that all aspects of your case are being handled, both the civil and criminal sides.
Having a lawyer’s legal guidance can make a significant difference in the strength and outcome of your case. If Florida state agencies are unable to resolve your dispute, then an attorney can assist you with filing a wrongful termination claim against your employer. They can also then make sure your former employer is properly served. Finally, they will also be able to represent you in court, as needed.
