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Long Term Employee Theft of Cash - what to do?




GunButler

uber n00b
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#21
I also would confront the person, but I might wait until the provable damages are over $650 making it grand Larceny instead of Petite. Grand larceny is a felony, and gives you more leverage. It does nothing to diminish your case, unless you encourages the theft.
 
#22
Sad situation.

Made worse by the fact that he is probably a key employee, difficult to replace, and probably they considered him a friend.

That being said, I think the only thing that can be done is what you suggested above.

Obviously he thinks he "deserves", or "is owed" what he is helping himself to out of the register, and I can't see any way to get past this.


While it may sound satisfying to pursue charges, and he may deserve it, is probably much more hassle than it is worth. I would just make sure he is aware of the documentation you have of his theft, and tell him in light of his long years of service you don't plan on following up with the criminal justice system, but want to be clear that you do not expect to hear any more from him, including him seeking UNEMPLOYMENT BENEFITS, or him trying to harm the business in any way.
You better get it all in writing, signed by him, or it means absolutely zero.
 
#23
You better get it all in writing, signed by him, or it means absolutely zero.
How so?

Nobody is telling the store owner to destroy the video evidence.

I would also do an employee counseling form, and write up the theft, and that they were being fired for cause. Ask them to sign it. If they won't, you document that, with a witness.
 

Cirdan

Very Active Member
#24
Just as an aside, most long-term or high $ theft comes from "model" employees. Strange but true, the most likely suspect is the person who comes in early, leaves late, always helps everyone else out, and never takes a vacation.

I work in finance. Insist people take vacations and all have their tasks performed by someone else at least once a year, as well as other checks.

Most people will rationalize their behavior, no matter what they're doing.
 
#25
How so?

Nobody is telling the store owner to destroy the video evidence.

I would also do an employee counseling form, and write up the theft, and that they were being fired for cause. Ask them to sign it. If they won't, you document that, with a witness.
I was responding to someone earlier who implied, "...and, you better have a talk with him, so he has a clear understanding that there won't be any lawsuits in the future from him". My comment was, "You better get it all in writing, signed by him, or it means absolutely zero. "

Don't know how you missed that, though I can see that it is not easy to follow the various dialogues taking place. As for the "document that with a witness"...could be a problem because a witness can easily refute unsworn testimony.. If they won't sign, pick up the phone and call the police...they will sign, I guarantee it. I have NEVER failed to get someone to sign a full confession, full narrative of what happened, and a full waiver of future legal action, because they knew I was 100% serious about pressing charges. And, in every case, I always had a witness present, throughout the process, just as an extra margin of safety.
 

MAC702

LEGEN...wait for it... DARY!
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#26
Could the threat of pressing charges be considered duress?

I'm with NYECO, though. Press charges.
 

johnthomas

Henderson
Forum Supporter
#28
Where I used to work had a gas stealing problem. One guy on graveyard was having his friends come in and he would sell them gas cheap. The other guy was taking 10 gallons a night. Two cameras were put up, one obvious, one hidden. They were seen blocking the obvious one and did their business as usual. They were called in and asked to resign. They called their Union. The union came in saw the evidence and told the employees, if you don't resign, they are calling the police. They both resigned. Both of the employees had over 20 years with the company. There were other's that were stealing gas too, but that quit.
 
#32
Could the threat of pressing charges be considered duress?

I'm with NYECO, though. Press charges.
When there is no evidence of guilt, it certainly may be considered duress. When there is supporting evidence, and especially when there is proof, such as a video tape, it would be unlikely to be considered duress. To eliminate any potential of duress, statements should be constructed as options and choices, rather than threats. That is exactly what a DA does when they plea bargain for a guilty plea...they give choices, and let the suspect person decide.
 
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LASCHRIS

Active member
#33
Having been a vender to many company's I have witnessed the aftermath of employee thefts. Usually the HR department just fires the employee with cause. Any unions involved always go along and allow the termination. An HR guy explained to me it wasn't cost effective to turn over to LEO for prosecution. Just remove the bad apple, and call a meeting of the department involved so everyone is in the know about their co-workers termination. On a job sight I once caught an electrician going through my tool box and pocketing items. I busted his lip with a backhand. We later became friends.
 
#34
I was responding to someone earlier who implied, "...and, you better have a talk with him, so he has a clear understanding that there won't be any lawsuits in the future from him". My comment was, "You better get it all in writing, signed by him, or it means absolutely zero. "

Don't know how you missed that, though I can see that it is not easy to follow the various dialogues taking place. .
You were responding to me.

Post #22.

Don't know how YOU missed THAT.
 

Bob R

New member
#38
How big a business, how much income stream? It may be worth it for the company to engage the services of a forensic accountant to see how much money may be missing. Once that is established try to correlate with the employees time at work. There is already video evidence so take it it the county prosecutor and see if it meets the threshold for a probable conviction, then have him charged, tried and locked up. Life is hard for a small business owner, harder if you have a thief siphoning off your money.

bob
 

MAC702

LEGEN...wait for it... DARY!
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#39
...It may be worth it for the company to engage the services of a forensic accountant to see how much money may be missing....
If you suspect a large enough amount, this may be worth it in the possible restitution you might be able to bargain with.
 

Grumpyoldretiredcop

uber Member
Forum Supporter
#40
Time for an audit. The guilty party may well quit when he hears about it and save the trouble of firing him. If that doesn't happen, fire the thief. But by all means, get a police report on file and press for prosecution, and press for restitution if he pleads or is convicted. Why let him keep his ill-gotten gains and maybe fleece his next employer?