Under employee theft laws, employee theft, which is also called corporate theft or occupational fraud, happens when an employee steals, misuses, or embezzles resources or assets from their employer. Resources or assets can include many different types of items, such as equipment, products, and cash.
It may also include abusing access to sensitive employer information and changing accounting records for personal gain. Theft in the workplace can cause severe consequences for both the employer and the employee.
An employer may face damage to their reputation, financial loss, or legal repercussions. An employee may face fines, criminal charges, and termination from their position.
New York lawyers can help both employer and employees with any type of employee theft issue they may have at their workplace.
Can an Employee Theft Lawyer Help an Employer in New York?
An employee theft lawyer can help New York employers investigate and prosecute theft in their workplaces. These types of layers can help employers by conducting interviews, reviewing financial records, and collecting criminal evidence.
A lawyer will also be able to give the employer advice regarding their legal options, which may include criminal charges or a civil case. When an employer takes legal action against an employee who engaged in theft, their lawyer will represent them in court in their civil claim, work with prosecutors for criminal charges, or both.
Employer theft attorneys can also help employers prevent future theft. They may have suggestions about new policies, stronger internal controls, and training and education about ethical conduct.
When an employer suspects that employee theft may be happening in their workplace, it is important to schedule a legal consultation in New York.
As an Employee, What if I Am Accused of Theft but Am Not Guilty?
It is just as important for employees to be treated fairly when workplace theft is suspected. An attorney will be able to help employees involved with theft issues in their workplace.
Accusations of employee theft can be stressful and scary because most people’s jobs are very important in their lives. If an employee is falsely accused of theft, they have rights and steps they can take to protect themselves and an employee theft lawyer can help.
Can an Employee Theft Lawyer Help an Employee in New York?
Workplace theft lawyers can help employees who have been accused of workplace theft, whether they were wrongfully accused or they did commit the theft. When a worker does commit workplace theft, their attorney can help them resolve the issue with their employer and reach an agreement that works for both of the parties.
When a worker is falsely accused of theft and faced workplace consequences, they may be able to file a claim against their employer for:
- Defamation
- Wrongful termination
- Discrimination
- Due process issues
Defamation
A worker who is falsely accused of theft may have a claim for employment-related defamation of character. Defamation happens when false statements are made about a worker that harms their reputation.
Wrongful Termination
When a worker is terminated because of a false theft accusation, they may have a claim for wrongful discharge. Wrongful termination happens when an employee fires a worker in a way that violates public policy of the law.
It is important for workers to be aware, however, that the majority of states have at-will employment laws, meaning that employers are allowed to terminate workers for any reason that is not discriminatory or illegal.
Discrimination
Discrimination occurs when a worker is treated unfairly based on their religion, gender, race, or other protected characteristic. An attorney can help a worker determine if they have a discrimination claim.
Due Process
Every worker has the right to due process, meaning that employers have to follow procedures when they investigate and discipline for alleged workplace theft. Employers should take several steps, including:
- Conducting a thorough investigation
- Providing a worker with the opportunity to respond to the allegations
- Giving the worker a chance to appeal any disciplinary action taken against them
In New York, What Steps Do I Take if I Have Been Accused of Employee Theft?
When a worker is accused of employee theft, it does not mean they are automatically considered guilty or that they will lose their position. Workers can take steps to protect themselves if they are accused of workplace theft, such as:
- Consulting with an employment lawyer
- Filing a complaint with the human resources department
- Filing a lawsuit in civil court
A workplace theft attorney can help a worker throughout the process, which includes helping them with any required administrative remedies that must be completed before filing a claim in court.
As an Employer in New York, How Can I Avoid Employee Theft?
There are steps that employers can take to guard against employee theft, such as:
- Conducting background checks: Conducting thorough background checks before hiring new employees can help deter workplace theft.
- An employer should check criminal records, credit histories, and references.
- Creating a strong company culture: Employers should encourage a company culture that values ethics.
- This can be achieved by providing ethics training, communicating expectations for ethical behavior, and rewarding workers who exhibit ethical behavior.
- Implementing internal controls: Employers should implement internal controls that make theft more difficult.
- This can include dividing duties, implementing dual control systems, and regular audits.
- Monitoring inventory and financial records: Employers should monitor inventory and financial records for irregularities and discrepancies.
- This can be done by spot checks, regular audits, and reconciling bank statements.
- Limiting access to sensitive information: Employers should limit worker access to financial systems and sensitive information.
- This can include restricting access to specific areas of the workplace or requiring multiple levels of approval for financial transactions.
- Encouraging reporting: Employers should encourage workers to report any suspected theft by establishing a reporting system where employees can report concerns anonymously.
- Responding swiftly to suspected theft: Employers should take quick action when they suspect theft.
- If necessary, employers should conduct a thorough investigation that involves law enforcement, as well as take the appropriate disciplinary action against the worker.
By implementing these and similar strategies, an employer will be able to maintain a workplace culture that discourages workplace theft and makes workplace theft more difficult.
Do I Need a Wrongful Termination Lawyer?
When you are an employer or a worker with any type of workplace theft issue in New York, a New York wrongful termination lawyer can help. These types of issues can be sensitive, stressful, and difficult for both the worker and employer involved, as employers want to protect their workplace and workers want to keep their jobs.
If you are a worker who has been wrongfully terminated from their position, your lawyer will be able to help you obtain compensation for your lost wages and benefits and other damages. You should take actions as fast as you can because there are deadlines for filing these types of claims.
If you are an employer who needs to take action against a worker for workplace theft, your lawyer will help ensure that you follow the proper steps, no matter the type of action you take. Whether you are an employer or a worker, you can find a workplace theft lawyer in your area using LegalMatch at no charge.
When you use LegalMatch, you can protect your rights and your reputation in your workplace.
