Punishments for Stealing at Work

Stealing from or defrauding one’s employer can have significant implications both in terms of employment and in terms of the accused’s liberty. An individual found to have stolen from their job face termination and possible arrest. Those convicted of stealing from their job face increased penalties due to the breach of trust involved, with jail being common.

When an employer receives information that one of their employees is committing theft or fraud, they will launch an investigation. This may include interviewing witnesses including the accused. Where there is evidence to prove that the accused employee is guilty, the employer will take action. Any evidence collected during the employment investigation may be provided to police who will then determine whether they have enough evidence to lay a charge.

What if the Difference between Theft and Theft from Work?

In Canada, there is no separate offence for stealing from one’s job. Those who are caught stealing will be charged with either theft over $5,000 or theft under $5,000, depending on the total value of the theft. The major difference between stealing from one’s job and stealing in other situations is the way in which an accused person is prosecuted and sentenced.

When the Crown’s office receives a file from police, they will screen it to determine what sentence they would recommend if the accused person were to plead guilty. Where allegations of theft occur in the context of a working relationship, the Crown will typically screen the file for a more severe penalty.  Crown’s may also be less willing to withdrawal a charge or agree to divert the matter out of the formal criminal justice system.

Once an individual is convicted of theft occurring in the context of an employment relationship, the Court will typically impose a more severe sentence than would be imposed in other theft cases. The Court views abusing a position of trust as an aggravating factor in theft and fraud cases. This increases the moral blameworthiness of the offender. As a result, courts will impose strict sentences on those who steal from their job. This may include sentencing the offender to jail.

Will I go to Jail for Stealing from my Job?

Whether or not an individual will be sentenced to jail for stealing from their employer will depend on a number of factors. As a general rule, courts tend to treat theft from one’s employer as more serious than thefts occurring in other contexts. This is because employees are placed in is a position of trust and abuse that trust by stealing.

When determining the appropriate sentence for someone convicted of stealing from their employer, the court will first consider the value of the items taken. In Canada, theft offences are split into two categories, theft over $5,000 and theft under $5,000. Those convicted of theft over $5,000 naturally face increased penalties.

In practice, the penalties for stealing from one’s employer can vary significantly from case to case. Those who commit low value thefts may be able to resolve their cases without a criminal record. This can include an absolute or conditional discharge. On the other hand, those who are convicted of committing large scale, high value, or sophisticated thefts will face time in jail. Jail sentences will increase as the number of aggravating factors increases.

What are the Penalties for Defrauding your Employer?

Like theft charges, there is no separate offence in the Criminal Code for fraud occurring in the context of an employment relationship. An employee who defrauds their employer will be charged with either fraud over $5,000 or fraud under $5,000 depending on the value of the loss.

Pursuant to the Criminal Code, an individual convicted of fraud over $5,000 faces a maximum of 14 years imprisonment when prosecuted by indictment. When prosecuted summarily, an offender faces a maximum of two years in prison. Where the total value of the fraud exceeds one million dollars, the Criminal Code prescribes a mandatory minimum two years in jail.

In practice, those convicted of defrauding their employers are regularly sentenced to jail, especially when prosecuted by indictment. Court’s view the breach of trust involved in defrauding one’s employer as particularly aggravating. Courts cite denunciation and deterrence as the primary sentencing principles in cases involving theft and fraud from one’s employer. As a result, jail being imposed is more common for these types of frauds.

What are my Rights if Accused of Stealing from Work?

If you have been accused of stealing from or defrauding your employer, it is important to understand your rights and obligations under the law. The best way to accomplish this is to consult with experienced legal counsel as soon as possible. Ideally, an individual in this position will consult with legal counsel prior to speaking with their employer about the situation. This, however, is not always possible. Many times, employers will try to ambush an employee to confront them with the allegations. This strategy allows the employer to catch the employee off guard.

In an employment investigation, the employer cannot legally compel the employee to participate in the investigation. An employer can, however, require their employee to participate in an employment investigation in order to keep their job. An employee who refuses to participate may be penalized or fired.

This places the employee in a difficult position because any information they provide to their employer during the employment investigation will be provided to the police should law enforcement become involved. As a result, an employee who provides a statement or makes any admissions during an employment investigation will be impacting their right to silence and right against self-incrimination in the criminal process.