Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

How To Address Employee Theft In The Workplace

Author: Scarinci Hollenbeck, LLC

Date: February 9, 2015

Key Contacts

Back

From stealing merchandise to inflating expenses, employee theft costs U.S. businesses billions of dollars every year.

However, as evidenced by the recent lawsuit against Target, companies must proceed carefully when they address employee theft.

As detailed in the media, a Pasadena mother has filed a wrongful death suit against Target, alleging that the retailer’s handling of a suspected employee theft caused her son to commit suicide. She alleges that her son, 22-year-old Graham Gentles, who worked as a cashier, was handcuffed and “paraded” through the store in front of coworkers and customers, in what the suit calls a “walk of shame.” While he was taken into police custody, he was never charged. The suit maintains that the emotional trauma caused by the incident ultimately caused Gentles to take his own life.

The suit highlights the importance of having comprehensive employment policies and procedures in place to deter, detect, and investigate theft. Below are a few tips:

Accounting protocols:

Many cases of employee theft are so-called “crimes of opportunity” that take advantage of lax company oversight. If your business has the proper accounting practices in place, it should be easy to detect employee theft as soon as it occurs. Examples include revolving accounting duties among staff members; regularly auditing bookkeeping records and inventory; limiting the amount of petty cash; reviewing bank statements monthly; requiring supporting documentation prior to disbursing funds; and never providing employees with blank checks.

Security measures:

Businesses should also implement security measures that are designed to deter and detect theft. Examples can range from locking up check and deposit slips to installing security cameras in high-risk areas. Ultimately, the goal should be for employees to be aware that your company is actively monitoring for theft, without feeling like “big brother” is always watching.

Employee policies:

Every business should have written policies in place that address employee dishonesty and theft. At minimum, the policy should expressly state that employee theft and dishonesty will not be tolerated; outline the type of conduct that will be considered theft, i.e. unauthorized use of company services or facilities or the taking of any company property for personal use; and set forth the potential consequences of violating the anti-theft policy, which may include suspension, termination, and prosecution.

Investigation safeguards:

Employers should conduct theft investigations confidentially on a “need to know” basis until they have gathered all of the evidence. This not only helps ensure that you collect all of the pertinent facts prior to taking any action against the employee, but can also help avoid a defamation lawsuit if the suspicion turns out to be unfounded. Businesses should also have internal whistleblower procedures in place that encourage workers notify management about potential theft without fear of retaliation.

Legal action:

Businesses should report employee thefts to the appropriate law enforcement agency, particularly if their policy states that workers who are caught stealing will be prosecuted. If such policies are not enforced uniformly, it may not only render them ineffective, but could result in a discrimination lawsuit. Companies may also pursue a civil suit to recover any financial losses associated with the theft.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Rule 26 Expert Discovery: When an Expert Witness Uses AI, Is It Discoverable? post image

Rule 26 Expert Discovery: When an Expert Witness Uses AI, Is It Discoverable?

Case law following the 2010 amendments to Federal Rule of Civil Procedure 26 offers guidance on how courts are likely to address whether an expert witness’s AI records are subject to discovery. Key Takeaways Rule 26 Expert Discovery After the 2010 Amendments This article addresses the question courts and lawyers have faced in recent cases: […]

Author: Chris Seelinger

Link to post with title - "Rule 26 Expert Discovery: When an Expert Witness Uses AI, Is It Discoverable?"
How Expert Witness AI Use Ends Up in Discovery post image

How Expert Witness AI Use Ends Up in Discovery

“Show how 3M is 0% at fault.” The absurd tale of how a 350-page ChatGPT history for 3M’s expert witness was produced during a deposition is more likely than you think. It’s an inevitable trend, and an unsettled question for federal courts as experts make generative AI part of their workflow. Key Takeaways Expert Witness […]

Author: Chris Seelinger

Link to post with title - "How Expert Witness AI Use Ends Up in Discovery"
The Screenshot Problem: Why Nothing Is Really Private Anymore post image

The Screenshot Problem: Why Nothing Is Really Private Anymore

Screenshots have changed the risks of electronic communications. The screenshot problem is that messages intended for one person or a small group can be copied, forwarded, preserved, and ultimately presented to opposing counsel, regulators, journalists, customers, or a jury. Businesses should recognize that a truly private digital conversation is increasingly unreliable and ensure their policies, […]

Author: Sean M. Pena

Link to post with title - "The Screenshot Problem: Why Nothing Is Really Private Anymore"
BESS Project Agreements: Allocating Risk Among Developers, EPC Contractors, and Equipment Suppliers post image

BESS Project Agreements: Allocating Risk Among Developers, EPC Contractors, and Equipment Suppliers

Developers, engineering, procurement, and construction (EPC) contractors, and equipment suppliers each play a critical role in completing a BESS project. However, when equipment costs rise, deliveries are delayed, or regulations change, determining who bears the financial consequences can become contentious. Well-drafted project agreements are essential to sound risk allocation. Key Takeaways This article is Part […]

Author: Nicholas Wall

Link to post with title - "BESS Project Agreements: Allocating Risk Among Developers, EPC Contractors, and Equipment Suppliers"
IP Infringement: What Steps Can You Take If You're Affected? post image

IP Infringement: What Steps Can You Take If You're Affected?

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]

Author: Michael Mietlicki

Link to post with title - "IP Infringement: What Steps Can You Take If You're Affected?"
Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next post image

Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]

Author: Sean M. Pena

Link to post with title - "Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!