Miramar Employee Theft Lawyers: Protecting Your Business and Employees
Understanding Employee Theft
Employee theft, also known as embezzlement or employee fraud, occurs when an employee steals money, inventory, data, or other assets from their employer. Common examples include:
- Stealing cash from the register or safe
- Falsifying expense reports or hours worked
- Misusing company credit cards or accounts
- Stealing inventory or equipment
- Selling trade secrets or confidential data
According to the Association of Certified Fraud Examiners (ACFE), the most common motivations for employee theft are financial pressures, perceived inequities in the workplace, and rationalization of the theft. For instance, an employee may feel underpaid and justify stealing as “making up the difference.” Or an employee may steal to fund a gambling, drug, or shopping addiction.
While some employee theft is premeditated, there are also crimes of opportunity. For example, an employee may spontaneously pocket cash they were supposed to deposit. So while background checks and accounting controls are important, businesses also need protocols for handling cash, inventory, data, and other assets.
Miramar Employee Theft Laws
In Miramar, employee theft is prosecuted under Florida state law. The main statutes covering employee theft and embezzlement are:
- Florida Statute 812.014 – Theft
- Florida Statute 812.015 – Retail and farm theft; transit fare evasion; mandatory fine; alternative punishment; detention and arrest; exemption from liability for false arrest; resisting arrest; penalties
- Florida Statute 812.081 – Trade secrets; theft, embezzlement; unlawful copying; definitions; penalty
The severity of the crime and penalties depends on the value of what was stolen. Grand theft – stealing property valued over $750 – is a felony. Petty theft under $750 is a misdemeanor. Punishments can include fines, restitution, probation, and jail time.
Prosecuting employee theft requires concrete evidence like video surveillance, documentation of inventory or cash shortages, forensic accounting, and witness statements. An employee theft lawyer in Miramar can help gather this evidence and build a case.
What to Do If You Suspect Employee Theft
If you notice unexplained shortages, anomalies in financial records, or other red flags, consider these steps:
- Discrete investigation – Quietly gather documentation like surveillance footage, inventory logs, and accounting statements. An employee theft lawyer can help investigate without tipping off the employee.
- Confrontation – Once adequate proof is gathered, confront the employee with the evidence. Allow them to explain themselves before making accusations. Often the proof is enough for a confession.
- Police report – For substantial theft, file a police report to begin the criminal process. An employee theft attorney can assist with navigating the criminal justice system.
- Termination – Unless the theft was clearly an anomaly, dishonest employees should be terminated. Consult an attorney to ensure proper employment protocols are followed.
- Restitution – In addition to criminal penalties, pursue civil restitution through the courts to recover losses from the employee.