Employee theft - would you prosecute?

[7sdad]

How cute is she?

[AntlerCollector]

How cute is she?

If she’s smoking hot there are alternatives to going to prison. Lol

[JayB]

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[Hardware]

I think you file a police report for sure, if for no other reason than to show the other employees there is a risk if they choose to do the same thing. it is amazing how one bad apple can affect the others and change their perspective on things...... sad but true. I hate thieves but even worse ones that I am paying a fair wage to!! Good luck, bad spot to be in.

2nd this thought.

[White Falcon]

Police report and a Lawyer!!

[justletmein]

I'd give her an opportunity to resign to avoid filing charges. That way you don't have to deal with unemployment claims for firing her.

[doghouse]

There is no right are wrong answer to this. I have been in the same situation as you only a good deal more money. My employee elected to pay me back, which they did, and I didn't press charges. I sleep better at night knowing I basically did not screw up another persons life. Good luck to you.

[DUKFVR]

I would throw the book at her. Hate a thief!!!

[Bill M]

I'd give her an opportunity to resign to avoid filing charges. That way you don't have to deal with unemployment claims for firing her.

This and since you mentioned how the other employees felt about the situation add a formal in person apology to the employees in exchange for not filing charges.

[Greenheadless]

Police report and a Lawyer!!

Lol………

[Dale Moser]

She can either pay it back and resign with a clear name, or you can file charges and fire her. You don’t need an attorney for either.

[DXTrey]

I would file charges just to protect myself from a future unemployment claim. I have seen some crazy scenarios where employees filed and won! The worst outcome would be to try to do her a favor and not file charges only to end up having to pay her unemployment down the road. I guess you could get a signed resignation letter as well, but I don't have much sympathy for thieves.

[Burnadell]

Was she selling the inventory? What kind is it?

[rladner]

it would depend on the attitude. Does she show remorse? Is she trying to make it right? I understand people can be weak when presented with temptation and I would lean towards empathy, but it all depends on the person's attitude about it. If they are truly remorseful then it would be hard for me to put that kind of hardship on someone's life. If they seem to not give a crap then I would probably file.

[Quackerbox]

Not trying to step on any attorney toes…

Why would you need a lawyer to file charges with the police? In the few years I spent in investigations, I filed many criminal complaints against people and was never approached by a lawyer for the victim, who was being paid money to file charges. The victim came in and gave a statement and I took care of the rest.

I would also like to note that the lawyer said that for $2500, he/she would be willing to file charges and file a lien. He apparently would be glad to take your money for something that he believes will not be prosecuted anyway or money recovered.

Things that make you go hmmmmm….

Also, if the DA takes charges (and I have seen many such cases) it costs you nothing and a plea may likely include restitution. If the police did not do a good investigation or the DA refuse charges, it still would not cost you anything but your time. I am going to go out on a limb and say that if the DA takes charges, they will do everything possible to reduce this to a probation plea deal so she can keep herself out of jail.

if you wished to file charges, it should probably be for punishment and not to gain back money. If you happen to get any money back, that would be a bonus.

You could probably file a small claims court action against her for the property stolen and not worry about the actual theft case being filed with the police being on her record. Neither side needs a lawyer and if you’ve ever watched The People Court or Judge Judy, etc., that is small claims court. It is correct that you might not ever see any money from the person living paycheck to paycheck but she would always have that balance owed hanging over her if you filed a lien. Basically you could probably make her life miserable and possibly teach her a lesson.

Whether you wanted to do any of that is certainly a personal decision. There is probably no right or wrong answer.

Many people do go forward with legal action and rightfully so whereas others have empathy and let it go. How many hundreds of times have we seen in this forum and many others where people say, I hate a thief. Most people would not hesitate in filing every charge possible against a person stealing from them. How many times have we seen people say, if the thief gets caught and shot by a homeowner… oh, well,

That stance gets muddled when you personally know the thief, however,

bingo. You dont need a lawyer. Id fire her and send her a 1099 for the 750. But I can be vindictive