Employee Theft – Prosecute or Not Prosecute

Once you’ve uncovered employee theft at your business, you are left with the decision of which action to take with the affected employee.

You of course will terminate the employment of the offender.  No business can thrive if it allows internal theft to go unpunished.

You will want restitution for all merchandise or money or other property that was discovered stolen as a result of the employee theft investigation.  This can be accomplished in a couple of ways: either repayment by the ex-employee, repayment through probation, or civil recovery.

This is where the business owner begins to weigh the alternatives.  The initial reaction of most victims is to throw the offender into jail, but this usually subsides when considering all the facts.

You, as the victim, can contact the local law enforcement agency to transport the offender to jail.  Generally, you will still have to make a formal complaint or sign an arrest warrant for the individual specifying precisely what was stolen and over what period of time.

Prosecution does not guarantee a conviction for internal theft.  There are steps along the way to the judge’s bench that have to be taken first.

The prosecutor has to be convinced by the evidence that he has a winnable case.  Unless the employee theft investigation was correctly done, or the employee was caught in the act of stealing, or there is a properly executed written admission, the prosecutor may consider the case too weak to try.

Sometimes the decision is made for him in a preliminary or evidentiary hearing by a judge who dismisses the case for lack of evidence or on some technicality.

Then at some point in the future, the fun begins with a real trial.  Unless the ex-employee pleads guilty, prepare for delays and postponements and long days in the courtroom waiting for the case to be called.

Some employers avoid prosecution because it takes an investment of time and money to successfully follow through on an action that may not be successful.  Criminal trials can be iffy propositions if not prepared for by a professional investigator as the result of an employee theft investigation.

Other employers prosecute every time they have the opportunity in order to send a message to other employees who might be considering a similar activity.

The final decision regarding prosecution of employee theft weighing a number of variables must be made by the business owner.

For more information on employee theft , employee theft investigation , or internal theft , contact us or call 1.770.426.0547 – Atlanta Georgia