What to Know about Time Theft – Lawyer

Time theft is an offence that occurs when an employee takes credit for work that they did not actually complete. This includes accepting pay for time that was not worked, or accepting compensation for tasks that were not actually completed. Time theft comes in a variety of forms. It might range from long breaks to “buddy-punching” (which means clocking in for a co-worker). Time theft might also occur in more subtle forms such as excessively using the internet for personal affairs during work hours contrary to the workplace policy.

As technology becomes more advanced, people need to be vigilant about electronic monitoring. Such electronic monitoring can be used to keep close track of employee productivity, and therefore might be used as evidence of time theft. Conversely, employers have to ensure that the policies regarding electronic monitoring are clearly conveyed to their employees to avoid any unnecessary legal issues.

What is Time Theft?

Time theft encompasses various behaviours where an employee deliberately misrepresents their work hours or productivity, in order to gain extra compensation. Time theft includes cases such as clocking in earlier or out later than worked, falsifying work records to overstate the number of hours worked, and other acts where an employee is paid for time that was not actually spent on work tasks.

Time theft also occurs when an employee inaccurately reports their work hours, often to receive payment for unproductive time by deliberately misleading the employer. Time theft can entail not working at all, or perhaps being unproductive during work hours. Time theft can occur at all levels and not only at the junior level.

Can I Be Criminally Charged for Time Theft?

Yes, time theft can result in criminal charges under the general theft provisions of the Criminal Code. This includes “theft under,” which applies to theft of goods or services valued under $5,000, and “theft over,” for values of $5,000 and above. Although penalties can vary widely, theft under $5,000 is generally treated less severely than theft over $5,000.

It is important to note that theft from an employer is typically viewed more seriously, because it implies a breach of trust and authority. This breach of trust makes it more likely for employees convicted of workplace theft to face jail time. When determining the appropriate sentence in a case of time theft, the Court typically has to consider all relevant aggravating and mitigating factors. Stealing from one’s employer is seen as highly aggravating given the trust the employer has placed in the employee. A mitigating factor might be the fact that it was a first-time offence, or that it was done unintentionally.

It is important to consult a lawyer if you are being investigated for time theft so that you can protect your rights and avoid self-incrimination when your company asks you questions.

Workplace Investigations for Time Theft

Employers can uncover time theft using several methods, including discrepancies in work output, reports from other employees, or through surveillance tools. These tools, often in the form of specialized software for remote monitoring, gained prominence during the COVID-19 pandemic. If time theft is detected, an employer might be entitled to conduct an internal investigation, and possibly refer the case to law enforcement if needed.

The situation can become complicated if an employee argues that they completed their assigned tasks promptly and therefore deserves the full allotted work time. If accused of time theft, it is highly important to consult with a lawyer to explore your legal options.

Moreover, it is important for employers to establish clear policies on the use of electronic monitoring systems. They must also transparently communicate to employees how these systems operate and how data collection will be handled. This will prevent any issues regarding claims about an intrusion onto employees’ privacy.

What Are the Penalties for Time Theft?

The criminal penalties for time theft correspond with those applicable under theft laws, with potential exacerbation due to the violation of employer trust. People found guilty of this crime might face incarceration, fines, or both.

The punishment for theft offences are outlined in section 334 of the Criminal Code. Where an individual is convicted of theft over $5,000, they will face a maximum penalty of ten years in prison where the Crown proceeds by indictment. Where the Crown proceeds by summary conviction, the accused will face a maximum of two years less a day in jail and/or up to a $5,000 fine. Where an individual is convicted of theft under $5,000, they will face a maximum of two years in jail where the Crown proceeds by indictment, and a maximum of two years less a day in jail and/or up to a $5,000 fine where the Crown proceeds summarily.

Further, those found to have committed time theft are likely to be terminated from their position. Being terminated can have long-term repercussions on the accused’s career and prospective employment.

What if I am Accused of Time Theft as a Regulated Professional?

For regulated professionals, such as doctors, lawyers, or accountants, accusations of time theft can prompt additional investigations by their respective regulatory bodies. These organizations have the power to impose sanctions, suspend, or revoke professional licenses and can impose significant fines. The ramifications for regulated professionals are therefore especially severe, making it necessary to consult a lawyer skilled in criminal, employment, and regulatory law when facing allegations of time theft.

Overall, time theft is a serious accusation with potential criminal, professional, and personal repercussions, underscoring the necessity for professional legal guidance when such issues arise. Once it is established that the employee committed time theft intentionally, the repercussions can be quite serious. Some consequences can include termination or lawsuits over the amount of money the employer lost through the unproductive work.